Questions

The current law on driving while impaired by drink or drugs is set out on The UK Statute Law Database: Road Traffic Act 1988(c. 52) - Part 1 Principal Road Safety Provisions; Motor vehicles: drink and drugs. Views are welcome on the following questions.

Drug driving

1. Do you consider the current offence under s4(1) of the Road Traffic Act 1988 of driving while unfit due to drugs to be effective and adequate?
2. Do you think that the current law is adequately enforced by the police? Do you think the police should have greater powers to stop drivers to test if they are impaired?

3. Do you consider that a new offence that prohibits driving with a specific drug or level of drug in the body would make the regulation of drug driving more effective?
4. Should any new or amended offence be based on:
- (a) an absolute ban on driving with drugs in the system?
- (b) driving with a certain, specified level of a drug within the driver’s system, as is the case with alcohol? If yes, what drugs do you think should be included or specified and why?
5. If a new offence is created for some drugs, do you think that the existing offence of driving while unfit due to drugs needs to be retained for others?

6. Do you consider that any new offence should apply to:
- (a) all controlled drugs (eg heroin, cannabis, cocaine)?
- (b) prescribed or over the counter drugs which are used inappropriately or may otherwise have impairing effects?
7. Do you think that the law should also specifically address impairment caused by combining drugs with alcohol?
8. What is your view on compulsory drug testing of all drivers involved in fatal (or serious) road accidents?

9. Do you think that there are any legal or procedural barriers to securing a conviction for drug-driving? What alternatives or improvements can you suggest?
10. What is your knowledge and view of the effectiveness of available drug testing equipment?
11. Do you consider that the procedures for drug testing at the police station (including the role of the Forensic Medical Examiner) need to be improved?

12. Do you think that the drug drive laws in other countries provide examples of practice that could be adopted in the UK?

The current drink driving regime

1. Do you think that the current prescribed blood alcohol limit of 80mg/100ml should be reduced to 50mg/100ml or less?

2. Do you think that the current penalty regime for drink driving offences is sufficient?

Drink drive penalty regime
Offence	Maximum Punishment	Disqualification	Penalty points (if not disqualified)
S 4(1) Road Traffic Act 1988 Driving or attempting to drive while unfit	6 months or £5000 or both	Obligatory minimum 12 months	3-11+
S4(2) In charge while unfit	3 months or £2500 or both	Discretionary (mandatory 3 years for repeat offences committed within a ten year period)	10
S5(1)(a) Driving or attempting to drive with alcohol above the prescribed limit	6 months or £5000 or both	obligatory minimum 12 months (mandatory 3 years for repeat offences committed within a ten year period)	3-11+
S5(1)(b) In charge with alcohol above the prescribed limit	3 months or £2500 or both	discretionary	10
S6 Failing to cooperate with a preliminary test	£1000	Discretionary	4
S7 Failing to provide a specimen to be subjected to a laboratory test	(a) 6 months or £5000 or both where test is to establish ability to drive or proportion of alcohol	Obligatory in (a)	(a) 3-11
	(b) 3 months or £2500 in other cases	Discretionary in (b)	(b) 10
S7A Failing to allow a specimen to be subjected to a laboratory test	(a) 6 months or £5000 or both where test is to establish ability to drive or proportion of alcohol	Obligatory in (a)	(a) 3-11
	3 months or £2500 in other cases	Discretionary in (b)	(b) 10

3. Do you think that the current penalty regime is effective in tackling repeat offenders? How do you think repeat offenders should be dealt with?
4. What other measures (other than stricter limits) do you consider could be effective in addressing drink driving?
5. Do you think that the current law is adequately enforced by the police? Do you think the police should have greater powers to stop drivers to test if they are impaired or over the limit (eg random testing)?
6. What is your view of the Government’s drink and drug drive message and the relationship between that message and the law?

7. If the blood alcohol limit were to be reduced, do you think that the penalty attached to a lower limit should be changed?
8. Do you think there that different prescribed limit (or limits) should be imposed on different classes of drivers and riders (eg novice drivers, drivers of Public Service Vehicles (eg buses and coaches), HGVs and those driving for hire or rewar)?
9. Do you think that there is a case for immediate suspension of a person’s driving licence where that person fails a breath test?

10. Do you think that the right (under s8(2) of the Road Traffic Act 1988) to have a breath specimen replaced with a specimen of blood or urine where the lower of the two breath specimens is less than 50mcg/100ml is justified in light of modern testing equipment?
11. Do you consider there to be any legal or procedural barriers to enforcing the current law and / or securing a conviction for driving over the limit? What alternatives or improvements can you suggest?

12. What do you consider the impacts of any lowering of the blood-alcohol limit may be on casualties, other health outcomes, businesses and on the economy more widely?

13. Do you think that the drink drive laws in other countries provide examples of practice that could be adopted in the UK?