Theo Nash
Driving whilst impaired by alcohol is a serious offence in the UK. Under Section 4 of the Road Traffic Act 1988, it is illegal to drive or attempt to drive a motor vehicle while unfit due to alcohol consumption. The Crown Prosecution Service (CPS) is responsible for prosecuting these offences, and they must prove that the driver was impaired by alcohol. This can be challenging, as impairment can result from various factors, such as tiredness, drugs, or certain medications. The police often rely on breath, blood, or urine tests to establish impairment, but these results may not always be usable if the sampling procedure was incorrect. The penalties for driving under the influence of alcohol are severe, including automatic driving bans and potential prison sentences. The legal alcohol limit for driving varies in different parts of the UK, and it is recommended to avoid alcohol entirely when driving, as even a single drink can impair driving ability and exceed the legal limit.
| Characteristics | Values |
|---|---|
| Relevant Legislation | Section 4 of the Road Traffic Act 1988 |
| Section 5 of the Road Traffic Act 1988 | |
| Section 5A of the Road Traffic Act 1988 | |
| Section 6 of the Road Traffic Act 1988 | |
| Section 7 of the Road Traffic Act 1988 | |
| Section 7A of the Road Traffic Act 1988 | |
| Section 172 of the Road Traffic Act 1988 | |
| Section 2A of the Road Traffic Act 1988 | |
| Section 3ZA(2) of the Road Traffic Act 1988 | |
| Section 3A of the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991, section 3) | |
| Legal Alcohol Limit (England, Wales, and Northern Ireland) | 80 milligrams of alcohol per 100 millilitres of blood or 35 micrograms of alcohol per 100 millilitres of breath |
| Legal Alcohol Limit (Scotland) | 50 milligrams of alcohol per 100 millilitres of blood or 22 micrograms of alcohol in 100 millilitres of breath |
| Penalty for Driving Whilst Unfit | Mandatory driving disqualification of 12 months |
| Penalty for Driving Under the Influence of Alcohol and/or Drugs | Automatic driving ban of at least one year (three years if convicted twice in 10 years) |
| Penalty for Causing Death by Careless Driving While Under the Influence of Alcohol and/or Drugs | Maximum penalty of life imprisonment (14 years if the offence was committed before 28 June 2022) |
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What You'll Learn
The CPS must prove impairment due to alcohol
The Crown Prosecution Service (CPS) must prove impairment due to alcohol to achieve a conviction for a Section 4 offence. This requires evidence that the defendant's ability to "drive properly" was impaired by alcohol consumption. The test for impairment includes a pupillary examination, the modified Romberg balance test, the walk and turn test, the one-leg stand test, and the finger and nose test. The officer conducting the test must be approved to administer such tests.
It is important to distinguish between attempting to drive and being in charge of a vehicle. In Mason v DPP [2009] EWHC 2198 (Admin), the Court held that opening a car door was merely preparatory to the act of driving and not an actual attempt to drive. Prosecutors should also be mindful of the difference between charges under Section 4 and Section 5 of the Road Traffic Act 1988 (RTA 1988). While a Section 5 charge relates to driving with a blood alcohol level above the prescribed limit, a Section 4 charge focuses on impairment and does not specify the level of alcohol.
The CPS may face challenges in proving impairment solely due to alcohol consumption, as other factors such as tiredness, medication, or drug use could also contribute to impairment. Breath, blood, or urine tests can provide evidence of alcohol consumption, but these results may not always be usable if the sampling procedure was not conducted correctly. Additionally, the police do not always perform Field Impairment Tests, and even when they do, errors may occur.
To establish impairment due to alcohol, the CPS may need to present evidence beyond the test results. This could include witness testimonies, CCTV footage, or other relevant information gathered by the police during their investigation. The minimum penalty for driving whilst unfit due to alcohol is a 12-month driving disqualification, with more severe cases resulting in prison sentences.
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Breath, blood, or urine tests
It is important to note that alcohol affects individuals differently, and any amount of alcohol can impair driving ability. Therefore, the safest option is to refrain from consuming any alcohol when planning to drive. The police and Crown Prosecution Service (CPS) play a vital role in enforcing these laws. The police conduct breath tests, and if a driver is found to be over the legal limit, they may be arrested and charged with a drink-driving offence.
The CPS is responsible for prosecuting drink-driving cases and must prove that the driver was impaired due to alcohol consumption under Section 4 of the Road Traffic Act 1988. This can be challenging, as impairment can result from various factors, such as tiredness or medication. To establish impairment, the CPS may rely on breath, blood, or urine test results, but only if the samples were taken correctly. Field Impairment Tests, including pupillary examinations, balance tests, and coordination assessments, can also be used as evidence.
Refusing to provide a breath, blood, or urine sample during a roadside test or at a police station is treated as seriously as driving under the influence. This refusal constitutes an offence and can result in penalties similar to those for drink-driving. The consequences of drink-driving can be severe, including automatic driving bans, substantial fines, and even imprisonment in cases where a driver causes death while under the influence.
In conclusion, breath, blood, and urine tests are essential tools in enforcing drink-drive laws and holding impaired drivers accountable. These tests, along with the legal framework and dedicated enforcement by the police and CPS, help to deter drink-driving, improve road safety, and protect the public from the dangers of impaired driving.
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Field Impairment Tests
The tests are designed to assess the level of a person's impairment and include a pupillary examination, the modified Romberg balance test, the walk and turn test, the one leg stand test, and the finger and nose test. The pupillary examination involves the officer telling the suspect to look straight ahead with their eyes open, and a gauge is used to measure the size of their pupils. The one leg stand test involves the suspect keeping their legs together and raising their right leg between 6 and 8 inches off the ground while counting aloud for 30 seconds. The officer will note any points at which the suspect loses balance. The finger to nose test is described as a test of depth perception and balance.
The results of these tests are accepted by courts as evidence of driving-ability impairment. However, the tests have been criticised for not being scientifically or statistically calibrated using a control group of subjects who had not taken any drugs. The tests are also not designed to detect driving-ability impairment, and there is no established baseline of performance.
In the context of driving whilst impaired by alcohol in the UK, the Crown Prosecution Service (CPS) must prove that the suspect was impaired due to alcohol consumption. This can be challenging if other factors, such as tiredness or medication, could have contributed to the impairment. While breath, blood, or urine tests can provide evidence of alcohol consumption, they may not always be usable if the sample was not taken correctly.
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Driving under the influence of drugs
The police have the authority to stop individuals and perform a "field impairment assessment" if they suspect drug use. This assessment includes a series of tests, such as asking the individual to walk in a straight line, to evaluate their level of impairment. While cannabis and cocaine are the most prevalent drugs among drug-drivers, it is important to note that most specified drugs and other intoxicants cannot be tested for at the roadside.
The penalties for driving under the influence of drugs can be severe. If found guilty, individuals can receive an automatic driving ban of at least one year, with longer bans for subsequent convictions within a 10-year period. Additionally, if a driver is involved in a collision that results in death while under the influence of drugs, they can be charged with causing death by careless driving under Section 3A of the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991, section 3). The maximum penalty for this offence, as of 28 June 2022, is life imprisonment.
It is important to note that the laws and penalties for driving under the influence of drugs are subject to change and may vary depending on the region within the UK. Individuals should always check with their doctor or pharmacist if they are unsure about the impact of any medication on their ability to drive. Responsible decision-making and adhering to legal limits are crucial to ensure the safety of oneself and others on the road.
In conclusion, driving under the influence of drugs is a serious offence in the UK, with potential consequences including driving bans, fines, and even imprisonment in severe cases. It is essential for individuals to understand the legal limits and the potential impact of substances on their driving ability to make informed and safe choices when operating a motor vehicle.
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Failing to provide a specimen
If an individual is unable to provide a breath sample, it will be considered a fail unless a genuine medical reason prevented them from doing so. This medical reason must be confirmed by a medical expert.
The penalties for failing to provide a specimen can include a fine, driving disqualification, community service, and a possible prison sentence. The sentence depends on the facts of the case and the Magistrates' Court Sentencing Guidelines provide scenarios to help determine the general level of penalty. For example, a deliberate refusal or failure to provide a specimen can result in a fine, a community order, and a driving disqualification of 17-28 months.
It is important to note that even if an individual has not been drinking, refusing a breath test can still result in penalties. Seeking legal advice as early as possible is recommended.
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Frequently asked questions
In England, Wales, and Northern Ireland, the limit is 80 milligrams of alcohol per 100 millilitres of blood or 35 micrograms of alcohol per 100 millilitres of breath. In Scotland, the limit is 50 milligrams of alcohol per 100 millilitres of blood or 22 micrograms of alcohol per 100 millilitres of breath.
If found guilty, penalties include an automatic driving ban of at least one year (three years if convicted twice in 10 years) and a possible prison sentence. If a driver kills someone while under the influence of alcohol, they can be charged with causing death by careless driving, with a maximum penalty of life imprisonment for offences committed on or after 28 June 2022.
The CPS must prove that the individual was 'impaired' due to alcohol consumption, and this impairment affected their ability to "drive properly". This can be established through evidence such as failed Field Impairment Tests, breath tests, or blood and urine results.
Defences may include arguing that the impairment was due to factors other than alcohol, such as tiredness, medication, or other substances. Additionally, procedural errors in taking samples or conducting tests may also be grounds for defence. Seeking legal advice is crucial to understand the specific defences available.
