Driving with Excess Alcohol (Section 5 Road Traffic Act 1988)

Driving with Excess Alcohol is an offence under s.5(1)(a) Road Traffic Act 1988. A person is guilty if he drives or attempts to drive 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 (s.5(1)(a)); 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)). The in-charge limb, s.5(1)(b), carries a defence that there was no likelihood of the person driving while the proportion of alcohol remained likely to exceed the limit (s.5(2)). Maximum sentence for driving or attempting to drive: on summary conviction, 6 months or a fine at level 5 on the standard scale or both, with obligatory disqualification and obligatory endorsement of 3 to 11 points; for being in charge, 3 months or a level 4 fine or both, with discretionary disqualification and 10 points (Road Traffic Offenders Act 1988, Schedule 2).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. 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).