Road traffic
Unfit through drink or drugs (drive / attempt to drive)
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
Actus reus
- Drive or attempt to drive a mechanically propelled vehicle on a road or other public place while unfit to drive through drink or drugs (RTA 1988, s.4(1)).
- Unfit means ability to drive properly is for the time being impaired (s.4(5)).
Mens rea
- The Crown must prove unfitness through drink or drugs while driving or attempting to drive. This is not a specified-limit offence.
Defences
Ability to drive was not impaired · Impairment not through drink or drugs · Not driving or attempting to drive · Not a road or public place
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band B fine – 26 weeks’ custody.
At the police station
Field impairment, blood/urine and the officer’s observations are the evidence. Do not confuse with s.5 / s.5A limit offences.
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.4(1) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗