The new drug driving law relies on blood test to establish not just whether there are drugs in the driver’s blood but also the type and quantity. Clearly accuracy is going to be of paramount importance here. The results will decide whether someone is guilty or not. Whether they are disqualified or not.
The scientific community has a lot of experience in the testing of blood for alcohol and it tends to be fairly accurate, it is rare that two tests on the same blood differ by much.
Without the experience for testing for quantities of drugs will the drug tests be as accurate. A number of commentators suggest that there is genuine cause for concern.
LGC laboratory pointed out that the analysis for drugs in blood is not as standardised as it is for alcohol due to the many factors involved. The quality of alcohol measurements is significantly better as there are Certified Reference Materials (CRMs) available to demonstrate accuracy and to give lower measurement uncertainty. The Government recognises these issues and is currently working with toxicology providers to understand the extent of any analytical variations and develop guidance to ensure any potential impacts are minimised.
Whether these issues can be ironed out before injustices occur remain to be seen.
To speak to a Drug Drive Solicitor call 01623 397200