Road traffic
Driving with a specified drug above the specified limit
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine and/or 6 months’ custody
Actus reus
- Drive or attempt to drive a motor vehicle on a road or other public place with a specified controlled drug in the body, and the proportion in blood or urine exceeds the specified limit (RTA 1988, s.5A(1)(a), (2)).
Mens rea
- s.5A is a specified-limit offence. The medical defence in s.5A(3) is for the accused to raise; once raised the Crown must disprove it (s.5A(5)).
Defences
Not driving or attempting to drive / not a road or public place · Proportion not above the specified limit (or not a specified drug) · Medical/dental prescription defence (s.5A(3)–(4)) — not available if contrary to advice about time between dose and driving
Sentencing Council
Sentencing Council guideline effective 01 July 2023. Offence range: Band B fine – 26 weeks’ custody.
At the police station
This is not “unfit through drugs” (s.4). Ask for the MGDD, the specified drug and the cut-off. In-charge is a different charge (s.5A(1)(b)).
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.5A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗