The Ultimate Police Handbook
Driving or being in charge of a motor vehicle with alcohol concentration prescribed limit
Driving or being in charge of a motor vehicle with alcohol concentration prescribed limit
s.5 Road Traffic Act 1988
Traffic
⚖️ Definition
If a person -
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
📋 Points to Prove
- drove/attempted to drive/be in charge of
- a motor vehicle
- on a road or other public place
- where the proportion of alcohol within breath/ urine/blood exceeds prescribed limit
- a motor vehicle
- on a road or other public place
- where the proportion of alcohol within breath/ urine/blood exceeds prescribed limit
⚖️ Powers & Punishment
Driving: Up to 6 months imprisonment and/or fine. Between 3 to 11 points on license and compulsory disqualification.
In charge: Up to 3 months imprisonment and/or fine and up to 10 points with possible disqualification
In charge: Up to 3 months imprisonment and/or fine and up to 10 points with possible disqualification
⚖️ Offence Type
Summary
Either Way
Indictable
📄 Charging Codes
RT88007 - Drive - alcohol above limit
RT88008 - In charge - alcohol above limit
RT88326 - Attempt to drive - alcohol above limit
📁 Crime Recording
PNC Recordable
No Crime Report Required
➕ More
It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.