Causing Death by Careless Driving When Under the Influence (Section 3A Road Traffic Act 1988)

Road Traffic Act 1988, s.3A

Indictable only
Life imprisonment

Definition

If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and (a) he is, at the time when he is driving, unfit to drive through drink or drugs, or (b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or (ba) he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or (c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, or (d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so, he is guilty of an offence. (Road Traffic Act 1988, s.3A(1)) For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired. (Road Traffic Act 1988, s.3A(2))

Points to prove

A person
causes the death of another person
by driving a mechanically propelled vehicle
on a road or other public place
without due care and attention, or without reasonable consideration for other persons using the road or place
and at the time when driving is unfit to drive through drink or drugs (s.3A(1)(a)), or has consumed so much alcohol that the proportion in breath, blood or urine exceeds the prescribed limit (s.3A(1)(b)), or has in the body a specified controlled drug above the specified limit for that drug (s.3A(1)(ba)), or within 18 hours is required to provide a specimen under s.7 and without reasonable excuse fails to provide it (s.3A(1)(c)), or is required by a constable to give permission for a laboratory test of a blood specimen taken under s.7A and without reasonable excuse fails to do so (s.3A(1)(d))

Causing Death by Careless Driving When Under the Influence of Drink or Drugs is an offence under s.3A Road Traffic Act 1988. A person commits the offence if he causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and at the time is unfit to drive through drink or drugs, or is over the prescribed alcohol limit, or has a specified controlled drug in his body above the specified limit, or within 18 hours is required to provide a specimen under s.7 and without reasonable excuse fails to provide it, or without reasonable excuse fails to give permission for a laboratory test of a blood specimen taken under s.7A (s.3A(1)). A person is unfit to drive at any time when his ability to drive properly is impaired (s.3A(2)). The limbs in s.3A(1)(b), (ba), (c) and (d) do not apply to a person driving a mechanically propelled vehicle other than a motor vehicle (s.3A(3)). The prescribed limit is 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood or 107 milligrammes in 100 millilitres of urine (s.11(2)). Maximum sentence: on conviction on indictment, imprisonment for life or a fine or both (Road Traffic Offenders Act 1988, Schedule 2, Part I). The offence is triable only on indictment.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Fatal road traffic collisions require forensic collision investigation. The driver must be cautioned and is entitled to legal representation. Scene preservation is critical. Consider whether an FLO (Family Liaison Officer) should be deployed. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Indictable only
Maximum sentence: Life imprisonment
Act and section: Road Traffic Act 1988, s.3A
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence, and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)). The power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons in s.24(5) it is necessary to arrest the person, those reasons including to allow the prompt and effective investigation of the offence and to prevent any prosecution for the offence from being hindered by the disappearance of the person (s.24(4) and (5)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer (Road Traffic Act 1988, s.163(1)). A constable may require a person to co-operate with one or more preliminary tests where the constable reasonably suspects that the person is driving, attempting to drive or in charge of a motor vehicle on a road or other public place and has alcohol or a drug in his body or is under the influence of a drug, or has been doing so while having alcohol or a drug in his body or while unfit to drive because of a drug and still has alcohol or a drug in his body or is still under the influence of a drug (Road Traffic Act 1988, s.6(1) to (3)), or where an accident occurs owing to the presence of a motor vehicle on a road or other public place and a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident (s.6(5)); a constable may administer a preliminary test by virtue of subsections (2) to (4) only if he is in uniform (s.6(7)). A constable may search a person arrested at a place other than a police station for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (Police and Criminal Evidence Act 1984, s.32(2)). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence that relates to that offence or to some other connected or similar indictable offence, with the written authorisation of an officer of the rank of inspector or above (Police and Criminal Evidence Act 1984, s.18(1) and (4)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, calculated from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). Because this is an indictable offence (Interpretation Act 1978, Schedule 1), a police officer of the rank of superintendent or above who is responsible for the police station may authorise continued detention for a period expiring at or before 36 hours after the relevant time where detention without charge is necessary to secure or preserve evidence or to obtain it by questioning and the investigation is being conducted diligently and expeditiously (s.42(1)); on an application on oath by a constable a magistrates' court may issue a warrant of further detention for a period of not longer than 36 hours (s.43(1), (11) and (12)), and may extend it for periods of not longer than 36 hours each, ending no later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/1988/52/section/3A