The provisions on drink-and drug- driving, and their statutory predecessors, have undoubtedly contributed to greater road safety. The conviction rate is extremely high, running at 95 per cent. The consequences of conviction for a drink- or drug-drive offence go beyond the immediate penalty of a fine, a community penalty or imprisonment. They include disqualification from driving, which may not simply inconvenience the offender, but may lead to loss of employment and, in due course, to greatly increased insurance premiums. Since the first edition of this book was published in 2011, there have been two major changes. First, the new s 5A of the Road Traffic Act 1988 came into force in March 2015 and created the offences of driving, attempting to drive or being in charge with a concentration of a specified controlled drug above the specified limit for that drug. This new edition includes a new chapter which describes the new offence. As far as possible, the provisions under s 5A mirror those relating to excess alcohol, but the seventeen drugs in question are very different from alcohol, and from each other. The law on s 5A is no doubt set to develop over the years to come. Secondly, the so-called ‘statutory option’ has been removed (except in Northern Ireland, the Isle of Man and the Channel Islands). The new edition of The Drink- and Drug-Drive Offences: A Handbook for Practitioners (formerly The Drink-Drive Offences) provides a practical, comprehensive, accessible and up-to-date account of this broad area of law. The book brings together the statutory provisions and the case law on the drink-drive offences, elucidating issues which are often surprisingly difficult. It is intended for all practitioners concerned with this area of law, whether police, prosecution or defence, and adopts a neutral standpoint between their various interests.

Table of Contents:
1 INTRODUCTION 1.1 The background 1.2 The offences 1.3 The investigation 1.4 Definitions 1.5 Use of specimens in proceedings 1.6 Trial 1.7 Penalties 1.8 The MG DD forms 1.9 The Crown Prosecution Service 1.10 Railways, tramways, shipping and aviation 2 PRELIMINARY TESTS 2.1 Introduction 2.2 Stopping of vehicles 2.3 Trespass and bad faith 2.4 The prerequisites 2.5 Preliminary breath test 2.6 Preliminary impairment test 2.7 Preliminary drug test 2.8 Power of arrest 2.9 Power of entry 2.10 Time for caution 3 BREATH SPECIMENS 3.1 Introduction 3.2 The power to require specimens 3.3 The place at which specimens may be required 3.4 The breath analysis device 3.5 The procedure for requiring specimens 3.6 Lower breath reading to be used 3.7 Conclusion of the breath analysis procedure 4 BLOOD AND URINE SPECIMENS 4.1 Introduction 4.2 The place at which specimens may be required 4.3 Medical reasons why breath cannot be provided or should not be required 4.4 Device unreliable, unavailable or impracticable to use 4.5 Device not having produced a reliable indication 4.6 Specimens for drug testing 4.7 Relationship between blood and breath specimens 4.8 Choice of specimen: blood or urine 4.9 Time for providing urine specimen 4.10 Failing without reasonable excuse to provide 4.11 The statutory warning 4.12 Consent to the taking of a blood specimen 4.13 The procedure for making the requirement 4.14 Taking and dividing the specimen 4.15 The analysis 4.16 Detention following the procedure 5 INCAPACITY TO CONSENT AND HOSPITAL PATIENTS 5.1 Persons incapable of consenting 5.2 Hospital patients 6 CAUSING DEATH 6.1 Introduction 6.2 Causing death 6.3 Driving without due care and attention 6.4 Driving inconsiderately 6.5 Other persons 6.6 Unfit or with excess alcohol or drugs 6.7 Failure to provide specimens 7 UNFITNESS TO DRIVE 7.1 Introduction 7.2 The meaning of ‘unfit to drive’ 7.3 Evidence of unfitness 7.4 ‘Drink or drugs’ 7.5 ‘Drug’ 7.6 Arrest 7.7 No likelihood of driving 8 THE EXCESS ALCOHOL AND DRUGS OFFENCES 8.1 Introduction 8.2 ‘Drives’ 8.3 Attempting to drive 8.4 Motor vehicle 8.5 Road 8.6 Other public place 8.7 Consuming 8.8 The prescribed and specified limits 8.9 The statutory assumption 8.10 The exception to the statutory assumption 8.11 ‘Back calculations’ 8.12 Aiding and abetting 8.13 Excess drugs: the medical defence 8.14 The defence of duress or necessity 8.15 The defence of insanity 9 THE ‘IN CHARGE’ OFFENCES 9.1 Introduction 9.2 In charge 9.3 Likelihood of driving 9.4 No likelihood of driving 10 THE ‘FAILING’ OFFENCES 10.1 Introduction 10.2 The offences 10.3 The elements of the offences 10.4 The burden of proof 10.5 The meaning of ‘fail’ 10.6 ‘Reasonable excuse’ 10.7 Circumstances which constitute reasonable excuse 10.8 Whether requirement made 10.9 Warning of the consequences of failure 11 TRIAL, EVIDENCE, PROCEDURE 11.1 Mode of trial 11.2 The information 11.3 Documentary evidence concerning specimens 11.4 Disclosure 11.5 The MG DD forms 11.6 Adjournments 11.7 Video recordings 11.8 Identification 11.9 The discretion to admit or exclude evidence 11.10 Advice, assistance and representation 11.11 The justices 11.12 Re-opening the prosecution case 11.13 Stay of proceedings 11.14 Alternative verdicts 11.15 Appeals 12 PENALTIES 12.1 The penalties 12.2 Personal mitigation 12.3 Guilty pleas 12.4 Ancillary orders 12.5 Purported rescission of sentence 12.6 Costs 13 SPECIAL REASONS FOR NOT DISQUALIFYING 13.1 Introduction 13.2 Evidence 13.3 Special to the offence: the four criteria 13.4 The seven-point checklist 13.5 The distance driven and the degree of danger 13.6 Emergencies 13.7 Laced drinks 13.8 Other special reasons 13.9 Failing to provide specimens 13.10 Argument available once only 13.11 The discretion not to disqualify 13.12 Summary Index