Drink Drive

Question 1

What is Section 4 Road Traffic Act 1988?

Answer 1

Offences of being ‘unfit’ to drive through drink or drugs

Question 2

What is Section 5 Road Traffic Act 1988

Answer 2

Offences involving the proportion of alcohol/drugs in the body, as measured in breath, blood or urine

Question 3

Define a Mechanically Propelled Vehicle

Answer 3

A vehicle that is constructed so that it can be propelled mechanically:

Steam
Electric
Petrol
Diesel
Oil
Gas

Question 4

Define Section 4(1) Road Traffic Act 1988

Answer 4

Unfit through drink and drugs

A person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or other public place, whilst unfit through drink or drugs commits an offence

Question 4

What are the points to prove for Section 4(1) Road Traffic Act 1988?

Answer 4

• Sufficient to prove that the person’s ability to drive was impaired because of consumption of drink (alcohol) or drugs
• Evidence required is similar to that required to prove drunkenness
• Doctor’s opinion and your observations will be important

Question 5

Define Section 5 Road Traffic Act 1988

Answer 5

Being over the prescribed limit: Alcohol

A person who drives or attempts to drive or is in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit commits an offence

Question 6

What is the prescribed limit: Alcohol

Answer 6

Breath - 35 microgrammes of alcohol in 100 millilitres of breath

Blood - 80 miligrammes of alcohol in 100 millilitres of blood

Urine - 107 milligrammes of alcohol in 100 millilitres of urine

Question 7

What is the defence for Section 5 Road Traffic Act 1988?

Answer 7

It is a defence for a person charged with an offence to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of him driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit

Question 8

Define Section 5A Road Traffic Act 1988

Answer 8

Where a person drives or attempts to drive or is in charge of a motor vehicle on a road or other public place and there is in that person’s body a specified controlled drug, they are guilty of an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug

Question 9

When can a police officer test a person for alcohol or drugs?

Answer 9

Suspect driver may be under the influence of alcohol/drugs

Accident occurs where the vehicle has been involved in a Road Traffic Collision

Moving traffic offence has been committed

Question 10

Define Section 6(6) Road Traffic Act 1988

Answer 10

A person commits an offence if, without reasonable excuse, they fail to co-operate with a preliminary test in pursuance of a requirement imposed under this section

Question 11

What is a reasonable excuse in terms of Section 6(6) Road Traffic Act 1988?

Answer 11

• Physical or mental inability to undertake the test
• Unable to understand the requirement to take the test

Question 12

Define Section 6 Road Traffic Act

Answer 12

Requirement can be made lawfully on private premises officer must be in uniform. If asked to leave then no longer lawfully on premises and no power to require will exist. Any subsequent requirement would be unlawful.

Question 13

Define Section 6D(1) Road Traffic Act 1988

Answer 13

A constable may arrest a person without warrant if, as a result of a preliminary breath test, the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.

Question 14

Define Section 6D(2) Road Traffic Act 1988

Answer 14

A constable may arrest a person without warrant if, the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Section 6 and the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug

Question 15

Define Section 7 Road Traffic Act 1998

Answer 15

Section 7 Road Traffic Act 1988 provides that in the course of an investigation into an offence under Section 3A, 4 or 5 at a police station, a driver can be required to provide:

• 2 specimens of breath for analysis by means of an approved breath test machine OR
• A specimen of blood or urine for a laboratory test

Question 16

What is the Police Station Procedure?

Answer 16

Blood and Urine can only be requirement where:

• The constable making the requirement has reasonable cause to believe that for medical reasons a specimen of breath could/should not be provided
• An approved device is not available at the police station or is not practical to use such a device
• An approved device has been used but the constable has reasonable cause to believe that the readings produced are unreliable
• A preliminary drug test has been administered and the constable has reasonable cause to believe that the person has a drug in his/her body
• The suspected offence is one under Section 3A, 4 or 5A and a medical practitioner has advised that the condition of person required to provide a specimen might be due to some drug

Question 17

How do you take blood samples from unconscious drivers?

Answer 17

Following an accident, a constable can request that a blood specimen can be taken without the consent of the casualty who is a patient in hospital, if the officer believes that the patient cannot give a valid consent because of his/her medical condition