Road traffic
In charge of a vehicle with excess alcohol
Road Traffic Act 1988, s.5(1)(b)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- See Sentencing Council guideline for the statutory maximum
Actus reus
- In charge of 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 (RTA 1988, s.5(1)(b)).
Mens rea
- A specified-limit in-charge offence. No separate intent to drive is required for the offence itself — likelihood of driving is the statutory defence.
Defences
Not in charge · Below the prescribed limit · No likelihood of driving while still over the limit (s.5(2) — accused must prove; court may disregard injury to the accused and damage to the vehicle, s.5(3))
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - 12 weeks’ custody.
At the police station
Keys, sleeping in the car, and “I was waiting for a lift” go to in-charge and the s.5(2) defence. This is not the drive/attempt limb (s.5(1)(a)).
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.5(1)(b) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗