Drink/Drug Driving

Question 1

What does S6 RTA 1988 relate to?

Answer 1

Power to require preliminary test

Question 2

What are the four circumstances constable may require preliminary test?

Answer 2

6(2) - Driving with alcohol/drugs in body
6(3) HAS been driving with alcohol/drugs in body
6(4) Is or has been driving and committed a moving traffic offence
6(5) Driving at the time an accident occurred

Question 3

Explain Section 6(2) RTA 1988

Answer 3

Constable reasonably suspects that person IS driving, attempting to drive, or in charge of motor vehicle on a road or other public place AND HAS alcohol or drug in body. Deals with present.

Question 4

Explain S6(3) RTA 1988

Answer 4

Constable reasonably suspects person HAS BEEN driving, attempting to drive, or in charge of a motor vehicle on a road or other public place while having alcohol/drug in body OR while unfit to drive because of a drug and who still has alcohol or drug in their body. Deals with PAST.

Question 5

Explain S6(4) RTA 1988

Answer 5

Constable reasonable suspects that person is or has been driving, attempting to drive, or in charge of a motor vehicle on a road or other public place AND has COMMITTED A TRAFFIC OFFENCE while the vehicle was in motion.
Combination of PAST + PRESENT.

Question 6

Explain S6(5) RTA 1988

Answer 6

Accident occurs owing to the presence of a motor vehicle on a road or other public place AND constable reasonably believes that the person was driving, attempting to drive, or in charge of the vehicle at the time of the accident. DOES NOT need to be in uniform to carry out this test.

Question 7

What are the only circumstances where a police officer can test a person for alcohol or drugs

Answer 7

SAM

SUSPECT driver may be under the influence of alcohol/drugs
ACCIDENT occurs where the vehicle has been involved in a RTC
MOVING traffic offence has been committed.

Question 8

What is a preliminary road side breath test?

Answer 8

Roadside breath test

Approved by Secretary of State

Indicates if proportion of alcohol in breath exceeds the prescribed limit

Question 9

Where can a preliminary road side test be undertaken?

Answer 9

6(2) 6(3) 6(4) = Near or at place where requirement was imposed

6(5) = Specified police station

Question 10

What are the considerations when carrying out preliminary test?

Answer 10

When did they last consume alcohol?

Have they used any ‘breath freshening’ sprays recently?

Have they smoked recently?

20 minutes should have elapsed since alcohol was last consumed before obtaining a specimen.

Question 11

What is a preliminary impairment test?

Answer 11

Gives an indication whether a person is unfit to drive due to drink or drugs. A preliminary impairment test consists of a series of physical/psychomotor tasks set by the officer.
These tasks will include for example, walking a straight line or the ‘finger to nose’ test.

By observing the person’s ability to perform these tasks, and making such other observations of the person’s physical state such as the size of the subject’s pupils, the officer can obtain an indication whether the person is unfit to drive and if they are, whether their unfitness is likely to be due to drink or drugs.

Question 12

What is a preliminary Drug test?

Answer 12

Test for the presence of drugs in a person’s body.

Samples of the person’s sweat or saliva will be obtained, using a device approved by the Secretary of State.

A preliminary drug test may be administered at or near the place where the requirement to co-operate with the test was imposed, or if the officer who imposes the requirement thinks it expedient, at a specified police station.

Question 13

Define S6(6) RTA

Answer 13

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

(constable may arrest without warrant)

Question 14

What counts as reasonable excuse not to co-operate with preliminary test?

Answer 14

Physical or mental inability to undertake the test

Unable to understand the requirement to take the test

Question 15

What does S4 RTA relate to?

Answer 15

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

Question 16

What does S5 RTA relate to?

Answer 16

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

Question 17

Define S4(1) RTA

Answer 17

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 to drive through
drink or drugs
commits an offence

Question 18

What are the points to prove of S4(1) RTA Unfit through drink or drugs?

Answer 18

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 19

What does S5 RTA 1988 relate to?

Answer 19

Being over the prescribed limit - Alcohol

Question 20

Define S5 RTA 1988

Answer 20

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 21

What do S5(1)(A) + S5(1)(B)

Answer 21

Sec 5(1)(a) relates to ‘Driving’ & ‘Attempting to Drive’

Sec 5(1)(b) relates to ‘Being In Charge Of’

Question 22

What is the prescribed limit for alcohol?

Answer 22

BREATH = 35 microgrammes per 100 millilitres of breath
BLOOD = 80 milligrams per 100 millilitres
URINE = 107 milligrams per 100 millilitres

Question 23

What are the defences for S5 RTA - Driving over prescribed limit of alcohol

Answer 23

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 24

What does S5A RTA relate to

Answer 24

Being over the prescribed limit - Drugs

Question 25

Define S5A RTA

Answer 25

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 26

What are the prescribed drug limits?

Answer 26

Cocaine - Blood limit 10 micrograms per litre
Cannabis THC - Blood limit 2 micrograms per litre

Question 27

What are the defences for S5A Driving over the prescribed drug limit?

Answer 27

1 - The specified controlled drug had been prescribed or supplied to him for medical or dental purposes,

2 - He took the drug in accordance with any directions given by the person whom the drug was prescribed or supplied, and with any accompanying instructions given by the manufacturer or distributor of the drug, and

3 - His possession of the drug immediately before taking it was not unlawful under Section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under Section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

Question 28

Define S6D(1) RTA Powers of arrest

Answer 28

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 29

Define S6D(2) RTA Powers of arrest

Answer 29

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 Sec 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 30

Explain police station procedure for blood + urine sample

Answer 30

BLOOD or URINE can only be required 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 Sec 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 31

Explain the police detention under drink/drug driving

Answer 31

A person required under Section 7/7A to provide a specimen of breath, blood or urine, may afterwards be detained at a police station if a constable has reasonable grounds for believing that:

were that person to then drive, or attempt to drive a mechanically propelled vehicle on a road, he would commit an offence under Section 4, 5 or 5A of this Act .

Question 32

Define Section 6E Road Traffic Act 1988

Answer 32

A constable may enter any premises
Using reasonable force if necessary in order to:
Require a person reasonably believed to have been driving, attempting to drive, or in charge of a motor vehicle at the time of the accident,
To provide a preliminary test

OR

Arrest a person who has provided a positive breath test/drug test

OR

Arrest a person who has failed to cooperate with a requirement to take one or more of the preliminary tests AND who the constable reasonably suspects has alcohol or a drug in their body OR is under the influence of a drug.

Question 32

Define Section 6E Road Traffic Act 1988

Answer 32

A constable may enter any premises
Using reasonable force if necessary in order to:
Require a person reasonably believed to have been driving, attempting to drive, or in charge of a motor vehicle at the time of the accident,
To provide a preliminary test

OR

Arrest a person who has provided a positive breath test/drug test

OR

Arrest a person who has failed to cooperate with a requirement to take one or more of the preliminary tests AND who the constable reasonably suspects has alcohol or a drug in their body OR is under the influence of a drug.

Question 33

What are the important considerations of S6E Power of Entry in relation to drink/drug driving?

Answer 33

Entry to premises must be LAWFUL

Must have been a RTA involving INJURY to any person

Officer must REASONABLY SUSPECT accident the accident involved injury to a person

The officer must REASONABLY BELIEVE the person they are seeking was DRIVING, ATTEMPTING TO DRIVE, OR ION CONTROL OF vehicle at time of accident

MUST be reasonable cause to believe the person is at premises where entry is to be made