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Causing death by careless driving when under the influence of drink or drugs

s.3ARoad Traffic Act 1988

Causing a death by careless or inconsiderate driving while unfit through drink or drugs, over the drink or drug-drive limit, or after failing to provide a specimen or permit a blood test.

Causing death by careless driving when under the influence of drink or drugs · Road Traffic Act 1988, s.3ACard 105 / 195

Points to prove

Caused 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 one of the following (s.3A(1)):
(a) was unfit to drive through drink or drugs at the time of driving
(b) had alcohol in breath, blood or urine above the prescribed limit
(ba) had a specified controlled drug in blood or urine above the specified limit
(c) within 18 hours, was required to provide a specimen under s.7 and without reasonable excuse failed to do so
(d) was required to permit a laboratory test of blood taken under s.7A and without reasonable excuse failed to do so

Key definitions

Careless or inconsiderate – s.3ZA applies: driving falls below the standard of a competent and careful driver; inconsiderate only if others are actually inconvenienced.
Unfit to drive – s.3A(2): the person’s ability to drive properly is impaired.
Prescribed limit / specified limit – the same limits as for drink-driving (s.5) and drug-driving (s.5A).
Motor vehicles only for (b) to (d) – s.3A(3): the over-the-limit and specimen limbs do not apply to a mechanically propelled vehicle that is not a motor vehicle. Only the unfitness limb (a) does.

Good to know

Maximum raised from 14 years to life for offences committed on or after 28 June 2022 (Police, Crime, Sentencing and Courts Act 2022).
Obligatory disqualification for at least 5 years (RTOA 1988, s.34(4ZA)), or 6 years if the person has a previous s.3A conviction within the last 10 years (s.34(3) and (3A)). If special reasons mean no disqualification, 3 to 11 penalty points are endorsed.
If acquitted, the jury may convict instead of s.2B, careless driving (s.3), driving when unfit (s.4(1)), driving with excess alcohol (s.5(1)(a)), failing to provide a specimen (s.7(6)) or failing to allow a laboratory test (s.7A(6)) (RTOA 1988, s.24).
Secure specimens promptly: limb (c) only works if the requirement is made within 18 hours of the driving.

Legislation: Road Traffic Act 1988, s.3A (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Causing death by careless driving when under the influence of drink or drugs: questions people ask

What are the points to prove for causing death by careless driving when under the influence of drink or drugs?

1. Caused the death of another person 2. By driving a mechanically propelled vehicle on a road or other public place 3. Without due care and attention, or without reasonable consideration for other persons using the road or place 4. And one of the following (s.3A(1)): 5. (a) was unfit to drive through drink or drugs at the time of driving 6. (b) had alcohol in breath, blood or urine above the prescribed limit 7. (ba) had a specified controlled drug in blood or urine above the specified limit 8. (c) within 18 hours, was required to provide a specimen under s.7 and without reasonable excuse failed to do so 9. (d) was required to permit a laboratory test of blood taken under s.7A and without reasonable excuse failed to do so

What is the maximum sentence for causing death by careless driving when under the influence of drink or drugs?

Life imprisonment and/or a fine.

Is causing death by careless driving when under the influence of drink or drugs a summary, either-way or indictable offence?

Causing death by careless driving when under the influence of drink or drugs is indictable only: it can only be tried in the Crown Court.

What Act and section is causing death by careless driving when under the influence of drink or drugs?

Causing death by careless driving when under the influence of drink or drugs is an offence under the Road Traffic Act 1988, s.3A.

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