Policing the Roads - Drink and Drug Driving

Question 1

Four pillars of ‘Policing Our Roads Together’

Answer 1

Preventing harm and saving lives
Tackling crime
Driving technology and innovation
Changing minds

Question 2

Unfit through Drink or Drugs - S.4(1&2) Road Traffic Act 1988

Answer 2

It is an offence to drive or attempt to drive or be in charge of a mechanically propelled vehicle (MPV) on a road or other public place whilst unfit to drive through drink or drugs.

Question 3

Defences to Drunk in Charge Offence - S.4(3) Road Traffic Act 1988

Answer 3

He has a defence if he can prove:
-there was no likelihood he was going to drive so long as he remained unfit to drive through drink or drugs.

Question 4

Evidence for S.4 Road Traffic Act

Answer 4

-Witness observations of person’s manner of driving/behaviour
-A Field Impairment Test (FIT) and a drug wipe (Only a FIT/drug wiped trained officer can administer these)
-The result of analysis of samples of breath, blood, urine.
-Report of medical/custody nurse.
-BWV, CCTV, Dash Cam Footage

Question 5

Exceeding Prescribed Limit - S.5(1a & 1b) Road Traffic ct 1988

Answer 5

It is an offence to drive or attempt to drive or be in charge of a MOTOR vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.

Question 6

S.5 Prescribed Limits - S.11 Road Traffic Act 1988

Answer 6

1) 35 microgram of alcohol per 100 milliliters of breath
2) 80 milligrams of alcohol per 100 millilitres of blood
3) 107 milligrams of alcohol per 100 millilitres of urine

(All = 8. 3 +5, 8+0, 1+0+7)

Question 7

Excess Specified Drugs - S.5A Road Traffic Act 1988

Answer 7

It is an offence to drive or attempt to drive or be in charge of a motor vehicle on a road or public place when the proportion of the specified drug in their blood or urine exceeds the specified limit for that drug.

Question 8

S.5A Medical Defences - S.5A(3) Road Traffic Act 1988

Answer 8

-The specified controlled drug has been prescribed/supplied for medical/dental purposes
-They took the drug in accordance with any direction given by the person whom the drug was prescribed/supplied.
-Possession of drug immediately before taking it was not unlawful under MDA

Question 9

Preliminary Tests for drink/drug

Answer 9

-Preliminary breath test - Roadside breath test (RTA 1988 S.6A)
-Preliminary impairment test - indicates whether a person is unfit to drive through drink or drugs (RTA 1988, S.6B
-Preliminary drug test - indicates if they are any drugs in person’s body

Question 10

S.5 Defences to being over the prescribed limits - S.5(2) Road Traffic Act 1988

Answer 10

No likelihood of his driving whilst the proportion of alcohol in his breath, blood, urine exceeded the limit

Question 11

Preliminary Drug Testing Device - S.6(c) Road Traffic Act 1988

Answer 11

Looks for Cannabis or Cocaine

Question 12

Preliminary Test Road - S6(2) Traffic Act 1988

Answer 12

If a constable reasonably suspects the person IS driving, attempting to drive or is in charge of a motor vehicle on a road/public place and alcohol/drug in his body or under the influence of a drug he may require/administer a preliminary test.

Must be in uniform to administer

Question 13

Preliminary Test - S.6(3) Road Traffic Act 1988

Answer 13

If a constable reasonably suspects that the person HAS been driving, attempting to drive or in charge of a motor vehicle on a road/public place while having alcohol/drug in his body or while unfit to drive because of a drug and still has alcohol or drug in his body he/she may require and administer a preliminary test

Must be in uniform to administer

Question 14

Preliminary Test - S.6(4) Road Traffic Act 1988

Answer 14

If a constable reasonably suspect that the 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, he/she may require and administer a preliminary test

Must be in uniform to administer
(Speeding, no seatbelt etc)

Question 15

Preliminary Test - S.6(5) Road Traffic Act 1988

Answer 15

If an accident occurs owing to the presence of a motor vehicle on a road or other public place, and a constable reasonably BELIEVES that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident, he/she may require and administer a preliminary test

Does not need to be in uniform to administer
(for RTC)

Question 16

Do you need to be in uniform to make requirement of a drug/alcohol test?

Answer 16

No, and at a collision can also administer.

Question 17

Roadside Breath Test Procedure

Answer 17

1) State power used and reason why you are going to do the test (power is subsection 6 2-5)
2) “Therefore I require you to provide a specimen of breath by means of a roadside screening device. I must warn you that failure or refusal to provide such a specimen may render you liable to prosecution. Will you provide me with a specimen of breath?” (if yes)
3) “Have you consumed any alcohol or used mouthwash or mouth spray in the last 20 minutes?”
4) “Have you smoked in the last two minutes?”
5) Briefly explain the device and what is required of them. Carry out the procedure
6) IF POSITIVE “Because you have provided a positive breath specimen, I am arresting you on suspicion that the proportion of alcohol in your breath exceeds the prescribed limit. The reason the arrest is necessary is so that a more accurate test may be carried out at the police station.”
7)Then Caution (record caution reply)

Question 18

Powers of Arrest for S.5 S.5A - S.6(d) Road Traffic Act 1988

Answer 18

A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects -
1) The proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or
2) the person has a specified controlled drug in his body and the person’s blood/urine exceeds the specified limit
3) The person fails to co-operate with a preliminary test in pursuance of a requirement imposed under S.6
4) The constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug. A person may not be arrested under this section whilst in hospital.

Question 19

Powers of Entry for Injury RTC’s - S.6(e) Road Traffic Act 1988

Answer 19

Where a constable reasonably suspects the accident involved the injury of any person…
They may enter any place (by reasonable force if necessary for the purpose of:
-Requiring a preliminary test
-To arrest after a positive breath test
-To arrest after failure or refusal to provide breath test, must suspect alcohol.

Question 20

Provision of specimens for analysis at Police Station - S.7(1) Road Traffic Act 1988

Answer 20

For:
-S.4 Unfit drink/drug
-S.5 Prescribed Limit
-S.3(a) Causing death under influence

A constable may require him to provide 2 specimens of breath by means of an approved device or to provide a specimen of blood or urine for a laboratory test.

Question 21

Blood and Urine Issues - S.7(3) Road Traffic Act 1988

Answer 21

If at a police station one of the following applies:
-Constable has reasonable grounds for believing that a medical reason exists why breath cannot be provided
-A medical practitioner has advised that the condition may be due to drugs
-An approved device is either unavailable or unreliable.

Question 22

Hip Flask Defence - S.15 Road Traffic Offenders Act 1988

Answer 22

Breath, blood or urine shall in all cases be taken into account unless the accused proves:
-He consumed alcohol between ceasing to drive AND
-Before providing a specimen of breath AND
-Had he not done so he would have not exceeded the limit or been impaired.

Question 23

Causing Death by Careless Driving Whilst Under the Influence of Drink or Drugs Road Traffic Act - S.3(a) Road Traffic Act

Answer 23

If a person causes death of another person by driving a MPV on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or place AND
(a) He is at the time when driving, unfit to drink through drink/drugs or
(b) He has consumed so much alcohol that the proportion of i in his breath, blood or urine exceeds the prescribed limit.
(c) he has in his body a specified controlled drug and the proportion of it in his blood/urine at the time exceeds the specified limit for the drug or
(d) he is, within 18 hours after the time required to provide a specimen in pursuance of S.7 of the Act but without reasonable excuse fails to provide it or
(e) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under S.7(a) of this ct but without reasonable excuse fails to do so, he is guilty of an offence.

Question 24

Cycling when under Influence of Drink or Drugs - S.30 Road Traffic Act 1988

Answer 24

A person who, when cycling on a road or other public place is unfit to ride through drink or drugs is guilty of an offence.