Causing death while driving under the influence of drinks or drugs

Road Traffic Act 1988 s.3A

If a person:-

(1) causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and -

(a) is, at the time when he is driving, unfit to drive (see note below) through drink or drugs, or

(b) has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or

(c) is, within 18 hours after that time, required to provide a specimen . . .  but without reasonable excuse fails to provide it, or

(d) is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him . . .  but without reasonable excuse fails to do so,

he is guilty of an offence.

(2) For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.

(3) Subsection (1)(b), (c) and (d) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.

See Alcohol page for prescribed limits.

See Careless and Inconsiderate Driving page for definitions.


OFFENCES

1(a) IF you cause a death whilst driving a motor vehicle in a public place

AND your driving is below that expected of a careful and competent driver

AND your driving ability is impaired by alcohol or drugs

THEN you are guilty of the offence.

1(b) Driving under the influence of alcohol
1(c) Failure to supply a specimen.
1(d) Failure to give permission.


PENALTIES

(a) On indictment only:

  • Maximum 14 year gaol sentence.
  • Unlimited fine.
  • Obligatory disqualification.
  • Obligatory endorsement of 3–11 points on licence.

1(b) See Alcohol page for penalties.

1(c) Summarily:

  • Maximum 6 months gaol sentence.
  • Maximum £5,000.00 fine.
  • Obligatory disqualification.
  • Obligatory endorsement of 3-11 points on licence.

1(d) Summarily:

  • Maximum 6 months gaol sentence.
  • Maximum £5,000.00 fine.
  • Obligatory disqualification.
  • Obligatory endorsement of 3-11 points on licence.

This is a very serious offence which carries various unpleasant penalties. It is essential you speak to a qualified legal representative as soon as practicable.

  • Your driving may not have been careless.
  • You may have been on prescribed medication.

Given the penalties for refusing to give a specimen and refusing permission for a laboratory test of a specimen, it makes no sense not to comply. Failure to comply may stand against you in a court of law and be seen as an evasion tactic.
 

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