Driving or in charge when unfit through drink or drugs

s.4Road Traffic Act 1988

Driving, attempting to drive or being in charge of a mechanically propelled vehicle on a road or other public place while unfit to drive through drink or drugs.

Driving or in charge when unfit through drink or drugs · Road Traffic Act 1988, s.4Card 72 / 85

Points to prove

s.4(1)Drove or attempted to drive
s.4(2)Was in charge of
A mechanically propelled vehicle
On a road or other public place
While unfit to drive through drink or drugs

Key definitions

Drives – not defined in the Act. The essence of driving is using the driver’s controls to direct the vehicle’s movement (R v MacDonagh 1974).
In charge – not defined in the Act. A question of fact: DPP v Watkins (1989) lists the factors, such as ownership, recent driving, position in or near the vehicle, possession of the keys and intention.
Mechanically propelled vehicle – not defined in the Act. It is wider than “motor vehicle” (s.185(1)) because it need not be intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Public place – not defined in the Act. The question is whether the people using the place are members of the public or a special class allowed in for a particular reason (DPP v Vivier 1991).
Unfit to drive – s.4(5): the person’s ability to drive properly is for the time being impaired.
Drug – s.11(2): includes any intoxicant other than alcohol.

Defences

No likelihood of driving (s.4(2) only) – s.4(3): the defendant is deemed not to have been in charge if they prove there was no likelihood of them driving while still unfit. The court may ignore any injury to them or damage to the vehicle (s.4(4)).
Drinking or taking drugs after the event – Road Traffic Offenders Act 1988, s.15(3) and (3A): the defendant must prove they took it after they stopped driving or being in charge, and that without it their ability would not have been impaired.

Good to know

No particular level of alcohol or drug has to be proved. The issue is impairment, so evidence of the driving and the person’s condition matters.
s.4 covers any mechanically propelled vehicle. The excess alcohol (s.5) and drug driving (s.5A) offences only cover motor vehicles.
A conviction in the previous 10 years for drink driving, drug driving or failing to provide a specimen (driving cases) raises the minimum disqualification under s.4(1) to 3 years (RTOA 1988, s.34(3)).

Legislation: Road Traffic Act 1988, s.4 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: s.4(1) driving or attempting to drive: 6 months' imprisonment and/or an unlimited fine; obligatory disqualification (minimum 12 months). s.4(2) in charge: 3 months' imprisonment and/or a fine of up to £2,500 (level 4); discretionary disqualification, otherwise 10 penalty points