Drink driving — excess alcohol
The offence of drink driving under s.5(1)(a) Road Traffic Act 1988 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, and the preliminary test, arrest and specimen powers, for frontline officers.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
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What is the offence of drink driving under s.5(1)(a) Road Traffic Act 1988, and what is the prescribed limit?
Drink driving (s.5(1)(a) Road Traffic Act 1988) is driving or attempting to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in the driver's breath, blood or urine exceeds the prescribed limit (s.11), reproduced verbatim below.
It is summary only, with a maximum of 6 months' imprisonment and/or an unlimited fine, and carries OBLIGATORY disqualification — minimum 12 months, rising to a minimum of 3 years for a second drink/drug-driving offence within 10 years (Road Traffic Offenders Act 1988, Sch 2 and s.34).
Drink driving — driving or attempting to drive a motor vehicle on a road or other public place with excess alcohol — is an offence under s.5(1)(a) Road Traffic Act 1988. The offence and the prescribed limit are reproduced verbatim below (ss.5 and 11). It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.
Offence
s.5(1)(a) Road Traffic Act 1988
Mode of trial
Summary only.
Maximum sentence
6 months' imprisonment and/or an unlimited fine (Road Traffic Offenders Act 1988, Sch 2 — the summary fine is shown as level 5 but is uncapped by LASPO 2012 s.85). OBLIGATORY disqualification — minimum 12 months (RTOA 1988 s.34), rising to a minimum of 3 years for a second drink/drug-driving offence within 10 years (s.34(3) and (3A)(b)). Endorsement 3-11 points applies only where there are special reasons not to disqualify.
Points to prove — statutory elements
Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.
(1) If a person—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) 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 his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.
(1) The following provisions apply for the interpretation of sections 3A to 10 of this Act.
(2) In those sections—
. . .
“controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971,
“drug” includes any intoxicant other than alcohol,
“fail” includes refuse,
“hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients,
“the prescribed limit” means, as the case may require—
35 microgrammes of alcohol in 100 millilitres of breath,
80 milligrammes of alcohol in 100 millilitres of blood, or
107 milligrammes of alcohol in 100 millilitres of urine,
or such other proportion as may be prescribed by regulations ....
“registered health care professional” means a person (other than a medical practitioner) who is—
a registered nurse; or
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
“specified”, in relation to a controlled drug, has the meaning given by section 5A(8)
(2ZA) Regulations under subsection (2) may be made—
(a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;
(b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.
(2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen—
(a) is sufficient to enable the test or the analysis to be carried out, and
(b) is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
(4) A person provides a specimen of blood if and only if—
(a) he consents to the taking of such a specimen from him; and
(b) the specimen is taken from him ... either by a medical practitioner or by a registered health care professional.
Powers of arrest & search
A constable may require a person to co-operate with a preliminary breath (s.6A), impairment (s.6B) or drug (s.6C) test on reasonable suspicion of alcohol or a drug in the body or of impairment, on reasonable suspicion of a moving traffic offence, or after an accident. ⚠ The constable must be IN UNIFORM to require a preliminary test on the alcohol/drug-in-body, impairment or moving-traffic-offence grounds (s.6(7)); the uniform requirement does not apply only where the ground is that an accident has occurred (s.6(5)).
The live drink/drug-drive arrest power, inserted by the Railways and Transport Safety Act 2003. A constable may arrest without warrant where a preliminary test indicates excess alcohol or the presence of a specified drug, or where the person fails to co-operate with a preliminary test and the constable reasonably suspects alcohol or a drug in the person's body — not while the person is at a hospital as a patient (s.6D(3)).
A constable may require two evidential specimens of breath (approved device), or a specimen of blood or urine for a laboratory test. Failing without reasonable excuse to provide a specimen is itself a separate offence (s.7(6)). A constable may also arrest a person without warrant where they fail to provide a specimen of breath under this section and the constable reasonably suspects alcohol in their body (s.7(5A)).
A constable in uniform may require a person driving a vehicle on a road to stop — the starting power for bringing a vehicle to a stop before any preliminary test is considered.
CPS charging guidance
Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.
Section 5 RTA 1988 sets out this offence and provides a defence.
A person who drives or attempts to drive a motor vehicle on a road or other public place 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, is guilty of an offence.
In relation to being in charge of a motor vehicle, a person is not guilty if they prove that the circumstances were such that there was no likelihood of them driving the vehicle whilst the proportion of alcohol in their breath, blood or urine exceeded the prescribed limit.
- s.5 creates the offence but does not state the penalty — the mode of trial, maximum sentence, obligatory disqualification and penalty points are set out in Schedule 2 to the Road Traffic Offenders Act 1988, with the minimum disqualification period in s.34 of that Act.
- The original arrest-without-warrant powers in ss.4 and 5 of the Road Traffic Act 1988 are repealed for England & Wales — the live arrest power for drink/drug driving is s.6D, inserted by the Railways and Transport Safety Act 2003.
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Road Traffic Act 1988, section 5 — driving or attempting to drive with excess alcohol
The offence of driving or attempting to drive, or being in charge of, a motor vehicle on a road or other public place after consuming so much alcohol that the proportion in the breath, blood or urine exceeds the prescribed limit.
Last checked: August 2026 - Verify on official source
Road Traffic Act 1988, section 11 — the prescribed limit
Defines the prescribed limit: 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood, or 107 milligrammes in 100 millilitres of urine.
Last checked: August 2026 - Verify on official source
Road Traffic Act 1988, section 6 — preliminary tests
The power to require co-operation with a preliminary breath, impairment or drug test, and the grounds on which a constable may require one.
Last checked: August 2026 - Verify on official source
Road Traffic Act 1988, section 6D — arrest
The power of arrest without warrant following a preliminary test indicating excess alcohol or a specified drug, or a failure to co-operate with one; inserted by the Railways and Transport Safety Act 2003.
Last checked: August 2026 - Verify on official source
Road Traffic Act 1988, section 7 — provision of specimens for analysis
The power to require evidential specimens of breath, blood or urine, and the separate offence of failing without reasonable excuse to provide one (s.7(6)).
Last checked: August 2026 - Verify on official source
Road Traffic Offenders Act 1988, Schedule 2 — prosecution and punishment of offences
Mode of trial, maximum sentence, obligatory disqualification and penalty points for offences under the Road Traffic Act 1988, including s.5.
Last checked: August 2026 - Verify on official source
Road Traffic Offenders Act 1988, section 34 — disqualification for certain offences
The minimum period of obligatory disqualification — 12 months, rising to 3 years for a second drink/drug-driving offence within 10 years.
Last checked: August 2026 - Verify on official source
CPS charging guidance — Road Traffic: Drink and Drug Driving (Open Government Licence v3.0)
CPS charging guidance on drink and drug driving offences — the verbatim extracts shown on this card.
Last checked: October 2026
Frequently asked
- What is the prescribed limit for drink driving?
- The prescribed limit, defined in s.11(2) Road Traffic Act 1988, is 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes of alcohol in 100 millilitres of blood, or 107 milligrammes of alcohol in 100 millilitres of urine.
- Which power do I use to arrest for drink driving?
- s.6D Road Traffic Act 1988 — arrest without warrant following a preliminary test indicating excess alcohol or a specified drug, or a failure to co-operate with one. The original ss.4 and 5 arrest powers are repealed for England & Wales and should not be used.
- Is failing to provide a specimen a separate offence?
- Yes. Failing without reasonable excuse to provide an evidential specimen of breath, blood or urine when required under s.7 Road Traffic Act 1988 is itself a separate offence under s.7(6).