Driving Whilst Unfit - Drink or Drugs
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Prosecuted for being drunk whilst unfit through drink or drugs? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.
This offence is often charged when the police have not administered a drug, breath or blood test but believe that a driver was “unfit” at the time of driving owing to their consumption of drink or drugs.
Under section 4(1) of the Road Traffic Act 1988 it is an offence for a person to drive or attempt to drive a motor vehicle on a road or other public place whilst unfit to drive through drink.
This could arise if for example the driver tells the police that they have a fear of needles and so a drug test cannot be administered at the police station. Occasionally the police will also decide not to take a sample of breath or blood from a driver but charge this offence instead.
In order to prove that a person is “unfit” to drive the prosecution have to show evidence of impairment. This could include evidence that -
·You were unsteady on your feet
· Your speech was slurred
· You smelt of intoxicants
· Your eyes were glazed
· You provided a positive breath sample / roadside drug saliva test
· Your driving was erratic
· You failed a Field Impairment Test – involving examination of whether you could walk and stand or stand on one leg
Beyond evidence of “unfitness”, the prosecution will also be required to prove that this “unfitness” was the consequence of the consumption of alcohol or drugs.
It should be noted that reference to “drugs” is not a reference solely to illicit street drugs, but also refers to medications which are prescribed. This could include drugs such as Valium and diazepam, which may be prescribed for a number of medical conditions, but which could also cause driver impairment.
Penalties
Unfit through drink or drugs (drive/ attempt to drive) (Revised 2017)
Road Traffic Act 1988, s.4(1)
If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on 0203 858 0853.
| Category 1 | 12 weeks’ custody | High level community order – 26 weeks’ custody | 29 – 36 months (Extend if imposing immediate custody) | 36 – 60 months (Extend if imposing immediate custody |
|---|---|---|---|---|
| Category 2 | Medium level community order | Low level community order – High level community order | 17 – 28 months | 36 – 52 months |
| Category 3 | Band C fine | Band B fine – Low level community order | 12 – 16 months | 36 – 40 months |
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