Excess alcohol.

Section 4 of the Road Traffic Act 1988 defines ‘Unfit through drink or drugs’.

A person when driving or attempting to drive or in charge of a mechanically propelled vehicle on a road or other public place is unfit to drive through drink or drugs.

There are three tests to decide whether a person is driving a vehicle:

control of direction
control of propulsion
ordinary meaning of the word driving.

There are now years of history to the legislation probably more than any other these regulations have been challenged in the Courts and decisions made, often in contradiction of each other. The test of driving has been exhausted as has the meaning of attempting to drive and what constitutes a mechanically propelled vehicle. The author in his time was presented with a vehicle containing 5 occupants all of whom claimed to have been the driver at the time of an accident, all 5 were breath tested and found to be over the prescribed limit and all were convicted on Appeal at Crown Court. The reader is therefore best advised to review the case law when required as the one thing that is certain is that it will not remain in any way a constant.

For the purposes of the section a person shall be unfit to drive if his ability to drive properly is for the time being impaired. Drink means any alcoholic drink and drugs includes any intoxicant other than alcohol.

What has stood the test of time although the means of measuring it have been expanded with the advances in technology is the limit of alcohol:

milligrams of alcohol in 100 millilitres of blood
milligrams of alcohol in 100 millilitres of urine
micrograms of alcohol in 100 millilitres of breath.

There is a defence to a charge of being ‘in charge’ if the individual can prove that there was no likelihood of them driving whilst the proportion of alcohol was in excess of the prescribed limit. To determine whether or not there was such a likelihood the Court may disregard any injury to the driver or damage to the vehicle.

A police constable in uniform who reasonably suspects a person of:

is driving, attempting to drive or incharge of a motor vehicle on a road or other public place has alcohol in his body or has committed an offence while the vehicle was in motion, or

has been driving or attempting to drive or was in charge of a vehicle in such circumstances and still has alcohol in his body, or

has been driving or attempting to drive or been in charge of a motor vehicle in such circumstances and has committed a traffic offence whilst the vehicle was in motion

May require that person to provide a specimen of breath.

A traffic offence under these regulations is covered under:

1) part 2 Public Passenger Vehicles Act 1981

2) Road Traffic Regulations Act 1984

3) Road Traffic Offenders Act 1988 except Part 3 fixed penalty admin offences.

4) Road Traffic Act 1988 except part 5 Driving instruction.

Where an accident occurs owing to the presence of a motor vehicle on a road or other public place a constable may if he suspects that person with reasonable cause to be driving, attempting to drive or of being in charge of the vehicle at the time of an accident may require that person to provide a specimen of breath. Failure on the part of that person to provide such a specimen is and arrestable offence carrying the same penalties as a conviction of excess alcohol.

Should the screening test usually required by a police officer prove positive the offender will be conveyed to the nearest approved police station where the test proper will be carried out. There are provisions for those injured for example in an accident who are detained in hospital that facilitate the breath test system and collecting of samples. There is in essence no means of avoiding the process and little in the way of defence to the offence.

There is a similar offence covering the riding of pedal cycles on the road although there is no specific power of arrest, detention is under Section 25 General Powers of the Police and Criminal Evidence Act.