The Road Traffic Act (RTA 1988) creates a number of distinct offences relating to driving, attempting to drive, or being in charge of a motor vehicle on a road or public place either when a person has consumed alcohol or controlled drugs in excess of a legal limit, or is unfit to drive due to being under the influence of drugs or alcohol.
Practice Note: Drink driving offences explains the offence of drink driving and the offence of driving with excess alcohol under the RTA 1988, ss 4, 5. It sets out the elements of the offences which must be proved by the prosecution and provides guidance on the wide definition of driving, attempting to drive and being in charge which the courts have applied. Alcohol levels and how the procedure for testing and the admissibility of these results are explained. The statutory and non—statutory defences to drink driving are included. The sentence for a conviction of driving or attempting to drive while under the influence are set out and the benefits of taking part in a drink drive rehabilitation ...
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