Driving under the influence

Driving a vehicle while under the influence of alcohol, drugs or medication that impairs driving ability is an offence under the Road Traffic Act 1994. The case usually has two tracks that run separately: the criminal case brought by the prosecutor, and a measure imposed by the CBR, the national driving licence authority.

Legal basis

Article 8 of the Road Traffic Act 1994 prohibits driving under the influence. For most drivers the limit is 0.5 grammes of alcohol per litre of blood, or 220 microgrammes per litre of exhaled air. For novice drivers, during the first years after the licence is obtained, the limit is 0.2 grammes per litre or 88 microgrammes. Article 8 also sets limits for a list of drugs, including combined use. Refusing to cooperate with a breath or blood test is a separate offence under Article 163. The penalties follow from Article 176; alongside them the court can impose a disqualification from driving, and in serious cases the licence is declared invalid under Article 179a.

How it works in practice

Most first offences at a modest reading are settled with a penal order from the prosecutor: a fine, sometimes with a conditional driving ban. Higher readings, repeat offences and accidents go to the police court. Independently of the outcome, the police report the case to the CBR, which can require an educational measure on alcohol and traffic or an assessment of fitness to drive at the driver’s own expense. Failing to cooperate with that assessment costs the licence, whatever the criminal court decides.

Where it goes wrong

Three points recur. First, the measurement: the breath analyser has prescribed procedures, including a waiting period after the last drink, and departures from them can undermine the reading. Second, the assumption that an acquittal or a dismissal ends the matter, whereas the CBR track carries on. Third, the effect on employment and insurance, which is often the real damage and is rarely raised at the hearing.