Road Traffic Act 1988 s.4 – Driving, or being in charge, when under influence of drink or drugs

(1)A person who, when driving or attempting to drive a [^F29mechanically propelled vehicle^F29] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2)Without prejudice to subsection (1) above, a person who, when in charge of a [^F29mechanically propelled vehicle^F29] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [^F29mechanically propelled vehicle^F29] 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.

(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.

(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

(6)[^F30 A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.^F30]

(7)[^F30 For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.^F30]

(8)^F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 4 3

drive: “driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,
Defined in s.192(1) · see it in the full Act
mechanically propelled vehicle: (aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,
Defined in s.21(3) · see it in the full Act
road: “road”
Defined in s.192(1) · see it in the full Act

Cases considering section 4 25

Fiak, R v

[2005] EWCA Crim 2381 · 11 October 2005

The court accepted that the officer had ample grounds under this provision to arrest the appellant. A short inquiry before formal completion of the arrest formed part of one continuous lawful process in the circumstances. (see paras [12]; [14]; [15])

Watling v The Chief Constable of Suffolk Constabulary & Anor

[2019] EWHC 2342 (QB) · 2 August 2019

The court treated a section 4 drug-driving call-out as requiring a medical assessment by a doctor before forensic testing. That assessment formed part of the medical response available to the detainee. (see paras [50], [58], [94])

Scott Richardson v Director of Public Prosecutions

[2019] EWHC 428 (Admin) · 28 February 2019Interprets

Applies the offence of being in charge of a mechanically propelled vehicle on a road or other public place while unfit through drink or drugs. The appeal turned on whether the car park was a public place and whether the evidence was legally sufficient to support that conclusion. (see paras [1]-[3]; [23]-[34])

Szlichting v Circuit Court Zielona Gora[2017] EWHC 1006 (Admin) · 24 March 2017
SAS, R (On the Application Of) v Circuit Court In Zielona Gora[2015] EWHC 648 (Admin) · 26 January 2015
Grabowski v Regional Court In Wloclawek, Poland[2014] EWHC 3602 (Admin) · 6 November 2014
Veiss v Le Paelite Prosecutor General Office Republic of Latvia[2012] EWHC 2460 (Admin) · 25 July 2012
Wars v Lublin Provincial Court, Poland[2011] EWHC 1958 (Admin) · 9 June 2011
Crown Prosecution Service, R (on the application of) v Wolverhampton Magistrates' Court[2009] EWHC 3467 (Admin) · 27 November 2009
Rainsbury, R (on the application of) v Director of Public Prosecutions[2007] EWHC 1138 (Admin) · 26 April 2007
Attorney General's Reference No 4 of 2002 (On Appeal from the Court of Appeal (Criminal Division)) Sheldrake (Respondent) v. Director of Public Prosecutions (Appellant) (Criminal Appeal from Her Majesty's High Court of Justice) (Conjoined Appeals)[2004] UKHL 43 · 14 October 2004
R v Fabio Calaca Santos[2026] EWCA Crim 676 · 7 May 2026
R v Connor Mears[2025] EWCA Crim 515 · 8 April 2025
Coe, R. v[2009] EWCA Crim 1452 · 14 July 2009
Diyan Robertov Igov v Pernik Prosecutor’s Office, Bulgaria[2025] EWHC 1894 (Admin) · 3 July 2025
Biri v High Court In Miskolc, Hungary[2018] EWHC 50 (Admin) · 22 January 2018
Director of Public Prosecutions v Camp[2017] EWHC 3119 (Admin) · 15 December 2017
Jankowski v District Court Wroclaw (Poland)[2016] EWHC 3792 (Admin) · 10 March 2016
Croitoru v The Crown Prosecution Service[2016] EWHC 1645 (Admin) · 11 February 2016
Podlas v Koszalin District Court Poland[2015] EWHC 908 (Admin) · 31 March 2015

5 more judgments, and what each says about section 4, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

F29Words in s. 4(1)(2)(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 4; S.I. 1992/1286, art. 2, Sch.
F30S. 4(6)(7) repealed (E.W.) (1.1.2006) and s. 4(8) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178, Sch. 7 para. 27(2)(4), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u) (subject to art. 2(2))

Modifications

C4Ss. 4-11 applied (with modifications) (5.8.2011) by The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 (S.I. 2011/1652), regs. 1, 3