Under which provision is a person guilty if they are in charge of a motor vehicle after consuming so much alcohol that the proportion exceeds the prescribed limit?

• A. S5(1)(a) RTA 1988
• B. S4(1) RTA 1988
• C. S4(2) RTA 1988
• D. S5(1)(b) RTA 1988

Answer: (A)

Being in charge of a vehicle while over the legal alcohol limit is an offence under section 5(1)(b) of the Road Traffic Act 1988. The act splits the excess-alcohol offences into two situations: driving or attempting to drive while over the limit, and being in charge of a vehicle while over the limit. The phrase “in charge” covers having control or being in a position to control the vehicle (for example seated in the driver’s seat with the ability to move the car), even if you are not actively driving at that moment. The key test is that the alcohol concentration in breath, blood, or urine exceeds the prescribed limit. Therefore, someone in charge after consuming alcohol beyond the limit falls under section 5(1)(b). The other provisions relate to driving or attempting to drive (section 5(1)(a)) or to different impairment scenarios, not to merely being in charge.