Road Traffic Act 1988, s.4(1)
https://www.legislation.gov.uk/ukpga/1988/52/section/4
(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2) A person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence
A person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
Defence:
A person shall be deemed not to have been in charge of a vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
Depending on the level of seriousness the range of penalties can be:
- Unlimited fine
- 6 months custody
- Minimum 12months driving ban (3 years if convicted twice in 10 years)
- Must endorse licence
Sentencing guidelines:
Points Code Offence Points
DR20 Driving or attempting to drive while unfit through drink 3-11
Code DR20 must stay on licence for 11 years from the date of conviction