Section 5 — Road Traffic Act 1988: Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit. 5 1 If a person—

a drives or attempts to drive a motor vehicle on a road or other public place, or b is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

2 It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

3 The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.