Which provision creates the offence of driving after consuming so much alcohol that the proportion in breath, blood, or urine 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: (C)

Exceeding the prescribed limit is a per se drink-drive offence defined by section 5(1)(a) of the Road Traffic Act 1988. It makes it illegal to drive or attempt to drive when the amount of alcohol in the driver’s breath, blood, or urine is above the statutory limit, as determined by the testing carried out by police. The limit itself is set by regulations, and the offence hinges on having alcohol in the body above that limit, not merely on impairment. This is distinct from the offence under section 4, which covers driving when unfit through drink or drugs even if the limit isn’t exceeded, and from the other subsection of section 5 that covers a different drink-drive scenario.