Northern Ireland is consulting on a proposed change to drug-driving law that could allow prosecutions based on specified drug limits, while retaining offences that depend on proving a driver was impaired.
Infrastructure Minister Liz Kimmins launched the 12-week consultation on 4 November 2026. The Department for Infrastructure is asking for views on the legal framework, not yet on which drugs should be covered or the levels that would apply. Those choices would be considered at a later stage and put out for further consultation.
At present, the main drug-driving offences in Northern Ireland are based on impairment: prosecutors must establish that a person’s ability to drive was affected by a drug. The department proposes adding a second route under which a person could be prosecuted for exceeding a specified limit without the need to prove impairment.
The existing impairment offences would remain. That means someone could still be prosecuted if their driving was impaired by a drug for which no limit had been set, or if they were impaired despite being below a specified limit.
What the consultation covers
The department is asking whether new limit-based offences should cover driving, attempting to drive or being in charge of a motor vehicle. It also wants views on giving the department powers to set and update the drugs and limits through regulations.
Another question concerns the offence of causing death or grievous bodily injury by careless driving while under the influence. The department asks whether the legislation should be updated to include being over a future drug limit, alongside its existing provisions.
The department asks whether penalties for any new drug-limit offences should mirror those for exceeding the alcohol limit. It also asks whether the department should investigate a rehabilitation course for drug-driving offenders, similar to one available to people convicted of drink driving. Neither change has been enacted through this consultation.
The department says the proposals need further work before a Bill can be developed. It plans to consult on draft legislation at an appropriate stage. Any new offences and limits would therefore require further legal steps; they are not in force as a result of the announcement.
Medicines and driving
A statutory medical defence is proposed for the new limit-based offences in relation to relevant medicines legally supplied for medical or dental purposes. Its eventual conditions have not been settled. The department says the defence would not be available to someone charged with being impaired.
Existing law already makes it an offence to drive while unfit through drugs, including prescribed and over-the-counter medicines. Drivers who are unsure whether their medication affects their ability to drive can ask a doctor, pharmacist or other healthcare professional for advice. Medicines should be taken in line with professional instructions and the information supplied with them.
Under the current system, police may use roadside impairment checks and a saliva test that can detect cannabis and cocaine. Where police believe someone is unfit through drugs, an evidential blood test may also be required. A roadside screen is not itself a conviction.
Road safety evidence
The department says that 94 people were killed or seriously injured in Northern Ireland between 2021 and 2025 in collisions where a driver or rider was impaired by drugs. It says the annual average number of people killed or seriously injured in such collisions rose from eight in 2014–18 to 19 in 2021–25.
The department also says that, since police introduced roadside drug testing in August 2024, just over half of those screened tested positive for cannabis and/or cocaine. That figure relates to people who were screened; it does not establish how common drug driving is among all drivers.
The department says the proposed approach would bring Northern Ireland closer to systems in Great Britain and the Republic of Ireland, where specified-limit offences sit alongside impairment offences.
Responses to the consultation are due by 5pm on 27 January 2027. Individuals, businesses and organisations can respond online or use the response form. The department says it will analyse the responses and publish a summary after the minister has considered the next steps.
Featured image: AI-generated illustration.
