Published by Drug Driving Solicitors, specialist defence lawyers for drug driving charges across England and Wales
Benzoylecgonine is not a word most people know until it appears on a blood test result. When it does, you are probably facing a drug-driving allegation and want to know what it means. The substance is produced by your body as it breaks down cocaine, and driving with too much of it in your blood is a criminal offence in England and Wales. That applies even if you felt completely fine.
In this guide, we explain what benzoylecgonine is, the legal limit, how police test for it, which penalties you could face and what you can do next.
Benzoylecgonine (BZE), the main metabolite of cocaine, is the chemical your body produces while breaking cocaine down. No intoxicating effect comes from it on its own. Yet when it is found in your blood, that is strong evidence that cocaine has been used.
BZE is one of the substances police test for in drug-driving cases, a reflection of how closely it is linked to cocaine. Your paperwork may name it as BZE or describe it as a cocaine metabolite.
Benzoylecgonine is cleared from the body more slowly than cocaine. That is how it can still be detected after the effects of cocaine have worn off. It is quite possible to have a measurable level and feel completely sober.
Several factors govern how long it remains: how much was taken, how often, and your individual metabolism. No one can point to a reliable "safe" waiting time before driving.
It is when the level is above the legal limit. Under the law of England and Wales, driving or attempting to drive with a specified drug in your blood above its set limit is an offence. It is set out in section 5A of the Road Traffic Act 1988 and came into force on 2 March 2015.
The drugs covered, together with their limits, are found in The Drug Driving (Specified Limits) (England and Wales) Regulations 2014. A charge can result from either a cocaine reading or a benzoylecgonine reading, because each is listed separately. Being "in charge" of a vehicle while over the limit, which might mean sitting in a parked car with the keys, forms a separate offence. That offence is endorsed as DG40 and comes with different penalties.
The benzoylecgonine legal limit that applies to drivers in England and Wales is 50 micrograms per litre of blood (µg/L). For cocaine itself, a lower limit applies: 10 µg/L.
The government took a zero-tolerance approach to illegal drugs such as cocaine. In practice, that meant limits set at a level that rules out accidental exposure, not at a level linked to impairment. Laboratory results are stated as "not less than" a figure to allow for measurement uncertainty, so the limit should never be treated as a "safe" amount. A driver may be put over it by any recent cocaine use.
Yes. Under section 5A, the prosecution only needs to prove two facts: you were driving, and your blood level was above the specified limit. It is not required to show that your driving was affected.
Driving while unfit through drugs is a separate offence under section 4 of the Road Traffic Act 1988, where evidence of impairment is required. Since some drivers are investigated for both, check which offence you are facing.
A roadside preliminary drug test can be carried out by the police with a saliva swab, which screens for cocaine and cannabis. Although a positive screen cannot convict you on its own, it allows the police to arrest you.
A doctor or healthcare professional then takes a blood sample at the police station for laboratory analysis. If you ask for part of the sample when it is taken, the law requires it to be divided, and a part must be given to you for independent testing. Because results can take weeks or even months to come back, many drivers are released while they wait.
Have you received a charge or a BZE blood result? Drug Driving Solicitors can review your paperwork and explain the options you have.
Cases of this kind come before the magistrates' court. Convicted drivers face a mandatory disqualification of at least 12 months, an unlimited fine and up to six months' imprisonment. If a relevant drink-driving or drug-driving conviction falls within the ten years before this one, the minimum ban rises to three years.
A DG10 endorsement code is recorded on your licence for the conviction, and it stays on your driving record for 11 years from the date of conviction. The conviction is criminal as well, so it is more than just a motoring matter.
In practice, higher insurance premiums (much higher, and for years) can be the result. Employers of people who drive for work will be able to see the conviction on the licence.
Speak to a specialist before your first court hearing, as early decisions, including your plea, can affect the outcome. A solicitor may check whether the correct procedures were followed, how your blood sample was taken, stored and analysed, and whether the evidence that you were driving is sound.
In deciding the sentence, the court can take into account that drugs were consumed unknowingly, such as through a spiked drink. Strong mitigation may still have a bearing on the length of the ban above the minimum, and on the fine, where a conviction is likely. Each case depends on its own facts, and no particular outcome can be guaranteed.
Benzoylecgonine can stay in your blood after cocaine has worn off, and a reading above the limit is enough for a charge whether or not you felt impaired. The penalties are serious; even so, the outcome may be affected by the way your case is prepared.
Whether you have been charged or are still waiting for blood test results, speak to Drug Driving Solicitors for clear advice on your situation.
The article above is general information about the law in England and Wales, not legal advice. For your own circumstances, please seek advice.
In most cases it is. A ban starts when you are sentenced, so a charge does not usually stop you from driving. If the court convicts you and delays sentencing, it can impose an interim ban during that time.
Yes. The act of driving above the specified limit is a criminal offence, beyond just an endorsement. In addition, the DG10 code remains on your driving record for 11 years from the date of conviction, and it will be seen by employers who check your licence.
Not at present. The drink-drive rehabilitation course can shorten some drink-driving bans, but drug driving has no national equivalent.
A custodial sentence is possible, but it is uncommon. The Sentencing Council guideline sets custody as the starting point only in the most serious category, for example driving commercially or with alcohol or another drug in the blood, combined with poor driving or obvious impairment. Cocaine and BZE found together count as one drug for this particular purpose.
Drug Driving Solicitors is a specialist law firm handling drug driving cases across England and Wales. If you have failed a roadside drug test and want to understand your position, call us for a free initial consultation or visit drugdrivingsolicitors.co.uk. Early advice costs nothing, and can make all the difference to the outcome of your case.
