What's Changing
The High Court has decided two evidence points in one drug-driving case, DPP v Berntsen. It's case law on evidence in one prosecution, not a change to legislation.
The driver was stopped on 11 June 2023 and charged with driving with 3.9 micrograms of cannabis per litre of blood. The limit for cannabis is 2 micrograms per litre.
For this offence, police can only ask for a blood or urine sample at the station if a doctor or registered health care professional has advised that the driver's condition might be due to a drug. Here, a custody nurse gave that advice.
On 11 December 2025, Basingstoke Magistrates' Court refused to admit the nurse's written statement and the officer's account of her advice. The prosecution then offered no evidence, and the driver was acquitted.
A drug-driving conviction shows on your licence for 11 years. If a conviction is already on yours, here's how car insurance for drivers with convictions works.
When It Starts And Who It Affects
The judgment was handed down on 29 October 2026, after a hearing on 27 October. Lord Justice Stuart-Smith and Mr Justice Johnson decided two things.
- The nurse's statement can be used. She couldn't attend because of an unexpected family death and a funeral in Zimbabwe. The court said it wasn't reasonably practicable to get her there, and that the test is reasonable practicability, not impossibility.
- The officer's account isn't hearsay. His evidence that the nurse advised him the driver's condition might be due to a drug wasn't hearsay when used only to prove the advice was given. The court said this doesn't depend on whether the advice was correct or reasonable, only that it was given.
The case now goes back to the magistrates' court for trial. The High Court gave no view on whether the prosecution case is strong or weak.
The drug-driving limit law it sits under doesn't cover Northern Ireland, though you could still be arrested there if you're unfit to drive.
How The Case Got Here
DPP v Berntsen, from the roadside stop to the High Court ruling.
- 11 June 2023
Driver Stopped
Charged with driving with 3.9 micrograms of cannabis per litre of blood, above the 2 microgram limit.
- 11 December 2025
Evidence Excluded
Basingstoke Magistrates' Court excluded the nurse's statement and the officer's account. The prosecution offered no evidence and the driver was acquitted.
- 27 October 2026
High Court Hearing
The prosecution's appeal was heard by Lord Justice Stuart-Smith and Mr Justice Johnson.
- 29 October 2026
Acquittal Set Aside
Both pieces of evidence can be used to prove the advice was given. The case goes back to the magistrates' court for trial.
From the judgment DPP v Berntsen [2026] EWHC 2768 (Admin), checked 30 October 2026. The driver has not been convicted.
What It Means For Your Car Insurance
The court decided two evidence points in one case and gave no view on whether the prosecution is strong or weak. If you're unsure whether anything here affects your cover, ask your insurer.
What matters is a conviction. Driving with a drug level above the specified limit goes on your licence as DG10, with 3 to 11 points. The penalties include a minimum 1 year driving ban, an unlimited fine, up to 6 months in prison and a criminal record. Your licence shows a drug-driving conviction for 11 years.
GOV.UK says your car insurance costs will increase significantly after a drug-driving conviction. It also says insurers may be able to find out about an 11-year endorsement during its first 5 years, or the first 30 months if you're under 18. If you're unsure what to tell your insurer, check with them.
If you're quoting with a drug-driving code on your licence, see how cover after a drug-driving conviction works.
What To Do Now
- Know the limit. It's an offence to drive with a specified drug in your blood or urine above its limit. For cannabis, the limit is 2 micrograms per litre of blood.
- Know the medical defence. The law has a defence to the over-the-limit offence if the drug was prescribed or supplied to you for medical or dental purposes and you took it as directed.
- Answer your insurer's questions honestly. If you have a drug-driving conviction, tell your insurer when they ask. Here's how convictions can affect your car insurance.
You can compare convicted driver insurance quotes when you're ready.
FAQs
Does This Ruling Mean Hearsay Can Always Be Used In Drug-Driving Cases?
No. The court decided two evidence points on the facts of one case. The nurse's statement was allowed because it wasn't reasonably practicable for her to attend, and the officer's account wasn't hearsay when used only to prove the nurse gave her advice.
Has The Driver In This Case Been Convicted?
No. The High Court set aside his acquittal and sent the case back to the magistrates' court for trial. It gave no view on whether the prosecution case is strong or weak.
Does A Drug-Driving Conviction Affect Car Insurance?
Yes, it can. GOV.UK says your car insurance costs will increase significantly. Your licence shows the conviction for 11 years, and GOV.UK says insurers may be able to find out about it during the first 5 years.
