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Driving / attempting to drive with excess alcohol

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

Road traffic

Driving / attempting to drive with excess alcohol

Road Traffic Act 1988, s.5(1)(a)

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; obligatory disqualification (minimum 12 months, longer for high readings / repeat offences)

Actus reus

  • Drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion in breath, blood or urine exceeds the prescribed limit.

Mens rea

  • No need to prove knowledge of being over the limit — the offence is committed by driving/attempting to drive over the limit.

Defences

Not driving / attempting to drive · Not a road or public place · Challenge specimen reliability / procedure · Hip-flask / post-driving consumption (narrow)

Sentencing Council

Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: Band B fine to 26 weeks' custody; sentence and disqualification length track alcohol level bands.

View definitive guideline ↗

At the police station

Check breath/blood reading, whether high-risk offender thresholds apply, and any procedural points on the MGDD forms. Special reasons arguments need careful evidential basis.

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.