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 (breath, blood or urine)?

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

Answer: (B)

The key idea is that there are separate offences depending on what you’re doing with a vehicle when your alcohol level is above the limit. Being over the prescribed limit in breath, blood, or urine can still lead to guilt if you are “in charge” of a vehicle, even if you’re not actually driving at that moment. That specific scenario is covered by the offence in the Road Traffic Act 1988, section 5(1)(b): being in charge of a motor vehicle while the alcohol concentration exceeds the prescribed limit. The law targets anyone who has control or could drive the vehicle while intoxicated, to stop people from being in a position to drive home.

The other provisions relate to different situations. The driving or attempting to drive offence would apply if you were actually driving or trying to drive while over the limit. The provisions about being unfit through drink or drugs address overall fitness to drive, which can apply in different circumstances and aren’t limited to being over the limit in the way the “in charge” offence is. So, for someone who is in charge of a vehicle and over the limit, the correct provision is the in-charge offence under section 5(1)(b).