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Being in charge with a specified drug above the limit

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Being in charge with a specified drug above the limit

Road Traffic Act 1988, s.5A

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • In charge of a motor vehicle on a road or other public place with a specified controlled drug in the body above the specified limit (RTA 1988, s.5A(1)(b), (2)).

Mens rea

  • Specified-limit in-charge offence. Medical defence as for the drive limb (s.5A(3)–(5)). Separate no-likelihood-of-driving defence for the in-charge limb (s.5A(6)).

Defences

Not in charge · Not above the specified limit · Medical defence (s.5A(3)) · No likelihood of driving while still over the limit (s.5A(6))

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Band B fine – 12 weeks’ custody.

View definitive guideline ↗

At the police station

This is not the drive/attempt limb. Keys and “I was sleeping it off” go to in-charge and s.5A(6).

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.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.