Drivers caught with excessive amounts of certain legal medication could face up to six months in prison, the driving authority warned
11:18, 29 Aug 2025Updated 11:25, 29 Aug 2025
Drivers could be jailed for up to six months if high quantities of prescription drugs are found(Image: Drazen_ via Getty Images)
Drivers who get behind the wheel after taking certain medications could be handed a six-month jail sentence, the DVLA has warned. Legislation across Scotland, England and Wales makes it illegal to drive with legal drugs in your system above specified thresholds.
The official guidance on Gov.uk specifically targets those taking particular anti-anxiety medications. The DVLA has urged anyone prescribed these drugs to speak with their doctor to confirm they’re safe to operate a vehicle.
When it comes to illegal drugs, the authority stressed that motorists caught driving with substances like cocaine in their system will face harsh punishments, regardless of whether their driving is actually affected.
Although this legislation doesn’t cover Northern Ireland drivers, they can still face arrest if police believe they’re unfit to drive.
The warning emerged as figures showed a surge in anti-depressant prescriptions across Scotland. Figures by Public Health Scotland revealed that 8,275,583 antidepressants were issued in 2023-24 – 222,801 more than were given out the previous year.
The DVLA has identified the following medications as needing medical consultation before driving:
- Diazepam – anti-anxiety medication
- Diazepam – anti-anxiety medication
- Lorazepam – anti-anxiety medication
- Oxazepam – anti-anxiety medication
- Clonazepam – treating epilepsy
- Temazepam – anti-insomnia medication
- Flunitrazepam (Rohypnol) – anti-insomnia medication
- Methadone – weaning off heroin
- Morphine or opiate and opioid-based drugs, for example codeine, tramadol or fentanyl – painkillers
More than eight million anti-depressants were issued in Scotland in 2023-24(Image: Dragana991 via Getty Images)
The authority explained: “You can drive after taking these drugs if you’ve been prescribed them and followed advice on how to take them by a healthcare professional; and they are not causing you to be unfit to drive even if you’re above the specified limits.”
Back in 2015, the Government revised the Road Traffic Act 1988 to establish maximum permitted levels for prescription drugs in a person’s bloodstream:
- Diazepam – 550 micrograms per litre (μg/L)
- Lorazepam – 100μg/L
- Oxazepam – 300μg/L
- Clonazepam – 50μg/L
- Temazepam – 1,000μg/L
- Flunitrazepam (Rohypnol) – 300μg/L
- Methadone – 80μg/L
Yet officials have warned that officers can pull over motorists they suspect of being impaired and carry out roadside drug assessments, including tests like walking in a straight line. They also said: “You could be prosecuted if you drive with certain levels of these drugs in your body and you have not been prescribed them.”
The consequences for drug driving can be harsh, featuring up to six months behind bars, at least a year-long driving prohibition, unlimited financial penalties, and a criminal record. These convictions will also remain on a person’s driving licence for as long as 11 years.
Nevertheless, a prominent mental health charity has pointed out that some drivers discovered with medication concentrations exceeding the legal limit in their system can prove they weren’t breaking the law, reports Yorkshire Live.
The mental health organisation Mind clarified: “This is known as medical defence. This is as along as you’re taking your medication in line with instructions given by the doctor who prescribed it or the information in the leaflet accompanying the medication, or both; you haven’t been told that you mustn’t drive while taking the medication; and your driving is not impaired.”
Moreover, a motoring expert speaking to Devon Live urged drivers on certain medications to exercise caution. Greg Wilson, CEO of price comparison site Quotezone, elaborated: “If you are on strong medications, it is likely that you will be recommended to avoid driving.
“Opioid painkillers, tranquillisers, and certain antidepressants are examples of medicines that can affect driving ability – as well as those that cause drowsiness or say ‘do not operate heavy machinery’.”
The DVLA advises individuals to visit its website to determine if their condition could impact their driving and to report it to the agency without delay.