Sign in to follow this  
Em88

Drink drive sec 4 & 5 offences

Recommended Posts

Hi,

I'm just learning drink drive and having a little difficulty understanding when you would use section 4 and section 5.

any help and explanations would be appreciated.

Share this post


Link to post
Share on other sites

In very, very simple terms

S4 Unfit through Drink/Drugs- Drunk as a lord so to speak, unable to hold conversation, unable to stand etc also covers affected through both prescription/non prescription drugs.

S5 Driving over the prescribed limit. - Thinks they are safe to drive, you can hold a reasonable conversation with them but the smell of alcohol/intoxicants... able to blow into roadside screening device / refuse to blow

S5A Drug Driving - Usually after a roadside drug wipe for Cocaine / Cannabis. (Only certain officers trained/authorised to conduct drug wipe due to cost, force dependant)

Sent from my PLK-L01 using Tapatalk

Share this post


Link to post
Share on other sites

Cool thanks. So S.4 is when they would be incapable to do a breath test? 

Edited by Em88

Share this post


Link to post
Share on other sites
On 07/07/2017 at 18:28, Em88 said:

Cool thanks. So S.4 is when they would be incapable to do a breath test? 

Or you can't do one for other reasons such as they start fighting/running off. 

Share this post


Link to post
Share on other sites

31 minutes ago, Sectioned Detection said:

Or you can't do one for other reasons such as they start fighting/running off. 

Also you can only breath test for someone driving a motor vehicle. Not a mechanically propelled vehicle such as a tractor so you would have to use section 4

Share this post


Link to post
Share on other sites
On 09/07/2017 at 11:33, goh said:

Also you can only breath test for someone driving a motor vehicle. Not a mechanically propelled vehicle such as a tractor so you would have to use section 4

Mmmm,  more rather than less agricultural tractors would still be seen as motor vehicle and few machines would be classed as just being mechanically propelled - definition of agricultural vehicle in C&U starts off by saying  " a motor vehicle ....."

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this