Drink driving offences

Produced in partnership with Alex McHugh of Pump Court Chambers

Practice notes

Drink driving offences

Produced in partnership with Alex McHugh of Pump Court Chambers

Practice notes

The Road Traffic Act 1988 (RTA 1988) creates a number of alcohol and drug related offences.

The principal ones are:

•
driving with excess alcohol or drugs
•
attempting to drive with excess alcohol or drugs
•
being in charge of a motor vehicle with excess alcohol or drugs
•
driving or attempting to drive while unfit, and
•
being in charge of a motor vehicle while unfit

All of the offences are summary-only offences. This Practice Note deals with driving impairment offences due to excess alcohol. For drug related driving impairment offences, see Practice Note: Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels.

Elements of the offence of driving with excess alcohol

The prosecution must prove:

•
the defendant was driving
•
on a road or other public place
•
a motor vehicle
•
after consuming alcohol so that the proportion in their breath, blood or urine
•
exceeded the prescribed limits

Driving

The term driving

Alex McHugh

Barrister, Pump Court Chambers

Alex McHugh joined Pump Court Chambers following successful completion of his pupillage. His key areas of practice are criminal defence, family, and landlord & tenant disputes.

Prior to joining Chambers, Alex worked as a paralegal for a number of years at a Legal 500 firm in London. Two of those years were spent in crime under the stewardship of extremely experienced senior partners. Alex helped manage cases from beginning to end and represented all manner of clients in respect of a full range of alleged offences.

As counsel, Alex defends his clients throughout every stage of proceedings. Alex accepts private and, where applicable, publicly funded briefs on road traffic offences, and has experience in representing clients in relation to speeding, drinking driving, “totting up”, and causing injury by dangerous driving offences.

Alex predominantly works across the Western Circuit, London, and the South East.

Jurisdiction(s):

United Kingdom

Key definition:

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Drink driving offences

Produced in partnership with Alex McHugh of Pump Court Chambers

Drink driving offences

Produced in partnership with Alex McHugh of Pump Court Chambers