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Unfit through drink or drugs (in charge)

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

Road traffic

Unfit through drink or drugs (in charge)

Road Traffic Act 1988, s.4(2)

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

Triable
Summary only
Maximum penalty
Level 4 fine and/ or 3 months

Actus reus

  • In charge of an MPV on a road or public place while unfit to drive through drink or drugs (RTA 1988, s.4(2)). Unfit means ability to drive properly is impaired (s.4(5)).

Mens rea

  • Unfitness through drink or drugs while in charge. Deemed not in charge if no likelihood of driving while still unfit (s.4(3) — accused must prove).

Defences

Not in charge / no likelihood of driving (s.4(3)) · Ability to drive not impaired · Impairment not through drink or drugs

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band B fine - 12 weeks’ custody.

View definitive guideline ↗

At the police station

Court may disregard injury to the accused and damage to the vehicle when judging likelihood (s.4(4)).

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.