Driving with a Specified Drug Above the Limit (Section 5A Road Traffic Act 1988)

Driving with a Specified Drug Above the Limit is an offence under s.5A Road Traffic Act 1988. The section applies where a person drives or attempts to drive a motor vehicle on a road or other public place, or is in charge of one, and there is in his body a specified controlled drug (s.5A(1)); he is guilty of an offence if the proportion of the drug in his blood or urine exceeds the specified limit for that drug (s.5A(2)), and a specified limit may be zero (s.5A(9)). It is a defence to show that the drug was prescribed or supplied for medical or dental purposes, was taken in accordance with the directions given and the manufacturer's instructions, and that possession of it was not unlawful under s.5(1) Misuse of Drugs Act 1971 because of an exemption in regulations under s.7 of that Act (s.5A(3)); the defence is not available if the person acted contrary to advice or instructions about the time that should elapse between taking the drug and driving (s.5A(4)). Maximum sentence for driving or attempting to drive, on summary conviction in England and Wales as listed in Schedule 2 Road Traffic Offenders Act 1988: 51 weeks 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, 51 weeks or a level 4 fine or both, with discretionary disqualification and 10 points. A magistrates' court does not have power to impose imprisonment for a term exceeding 6 months in respect of a summary offence, and that limit applies even if the offence is one for which a person would otherwise be liable on summary conviction to a longer term (Sentencing Act 2020, s.224(1), (1A)(a) and (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).