Drink and Drive

Question 1

What is Section 5 Road Traffic Act 1988?

Answer 1

DRINK DRIVE -
Driving, attempting to drive, being in charge of MV whilst being over the prescribed limit for alcohol

Question 2

What is Section 4 Road Traffic Act 1988?

Answer 2

DRIVING WHILST UNFIT THROUGH DRINK OR DRUGS -
Driving, attempting to drive, being in charge of a MPV whilst being unfit through drink or drugs

Question 3

What is Section 6 Road Traffic Act 1988?

Answer 3

Power for a constable to require a specimen of breath

Question 4

What are the prescribed limits under Section 5 Road Traffic Act 1988?

Answer 4

Breath - 35 micrograms of alcohol in 100 millilitres of breathe
Blood - 80 milligrams of alcohol in 100 millilitres of blood
Urine - 107 milligrams of alcohol in 100 millilitres of urine

Question 5

Under Section 6 Road Traffic Act 1988, when may a constable require a specimen of breath?

Answer 5

• When someone has committed a moving traffic offence
• Involvement in an accident
• Suspicion of alcohol or drugs

Question 6

When can a constable not in uniform require a specimen of breath?

Answer 6

Following a RTC

Question 7

When can a constable not in uniform not require a specimen of breath?

Answer 7

• Suspicion of alcohol
• Moving traffic offence

Question 8

How long should you wait after someone has had an alcoholic drink to require a specimen of breath?

Answer 8

20 minutes

Question 9

How long should you wait after someone has used mouth wash to require a specimen of breath?

Answer 9

20 minutes

Question 10

When may a constable arrest a person under s4 RTA?

Answer 10

• When the constable has reasonable cause to suspect is or has been driving, attempting to drive or in charge of a vehicle whilst unfit through drink or drugs

Question 11

What must you do if someone fails or refuses to provide a specimen and alcohol in not suspected?

Answer 11

You cannot arrest and must report them for summons

Question 12

When may a constable use power of entry?

Answer 12

Under Section 17 (1) (c) (iiia) a constable may enter a premises for Section 4 RTA unfit and Section 163 Fail to stop

Question 13

Under Section 6 RTA 1988, when may a PC use the power of entry to request a specimen of breath?

Answer 13

Where an accident has occurred and injury caused to any person a P.C. can enter by force if necessary in order to request preliminary test.

Question 14

Under Section 6 RTA 1988, when may a PC power of entry to arrest?

Answer 14

To arrest any person who has supplied
positive breath test after an accident as above.
To arrest any person who has refused or failed to supply breath test (must suspect alcohol in body) after an injury RTA as.

Question 15

Does a constable have a power of entry for a s4 RTA?

Answer 15

Yes, a constable can enter by forcer under s17 PACE.

Question 16

Does a constable have a power of entry in relation to s6 RTA?

Answer 16

Under s6E ss (1) RTA 1988 it allows:
- To breath test someone after a injury RTC
- To arrest someone who has supplied a positive breath test after an injury RTC
- To arrest someone who has refused or failed to supply a breath test, if the police constable suspects alcohol in their body after an injury RTC

Question 17

Scenario: A drunk driver crashes his car into a garden wall on the way home. The police attend and breathalyse him and he is over the prescribed limit, however he runs off into a nearby house.

Q: Can a police constable enter to arrest?

Answer 17

Yes, s6 RTA allows the constable to enter for the arrest