Finepost · Fines · Codes · DG40
DG40 : in charge of a vehicle while drug level above specified limit
Checked 22 July 2026 · How we check our figures
What it means
DG40 is DR40 with a laboratory instead of a breath machine: in charge of a vehicle with a drug above its specified limit, s. 5A RTA 1988, the keys present and no journey yet. The exits are two: the in-charge defence of no likelihood of driving while still over the limit, and the medical defence where the drug was prescribed and taken as advised. The 10 points land on the ordinary 4-year clock, the ban is discretionary, and as with its drink twin, one flat 3 within 3 years reaches the totting line.
Points and how long it stays
10 points.
On the licence for 4 years from the date of the offence.
The drug table is the drink table rebuilt, with a quirk in the naming: DG10, DG40 and DG60 carry the drug prefix, while DR80 and DR90, unfitness through drugs, kept the drink family's letters, which is worth knowing before reading any record. The clocks copy the drink pattern: DG10, DG60 and DR80 stay for 11 years from conviction, DG40 and DR90 run on the ordinary 4-year clock from the offence, or from conviction where a court disqualifies (gov.uk, checked 2026-07-22). Inside the table the real split is the method of proof: DG10 and DG40 work from specified limits, s. 5A RTA 1988, and for the illegal drugs the offence is complete even where the driving was never affected (gov.uk, checked 2026-07-22), with a statutory medical defence where the drug was prescribed and taken as advised; DR80 and DR90 need unfitness proved on the facts, s. 4 RTA 1988, no limit involved. The courtroom mechanics and the ban tables sit in the drink driving guide at /fines/guides/drink-driving.
The usual route
There is no fixed penalty at this end of the table; the charge is heard in person, as the drink driving guide sets out.
If it goes to court
The in-charge scale applies: up to 3 months and a level 4 fine with a discretionary ban; the shape follows DR40, only the substance changes.
Read next
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Authority
gov.uk, Penalty points (endorsements), checked 2026-07-22