HC Deb 18 March 1998 vol 308 c633W
Mr. Keetch

To ask the Secretary of State for the Home Department what legislation covers those driving while under the influence of drugs. [34413]

Mr. Michael

Section 4 of the Road Traffic Act 1988 makes it an offence to drive or attempt to drive a mechanically propelled vehicle on a road or other public

Drugs driving offences: Maximum penalties
Offence (with provision) How prosecuted Maximum punishmen Disqualification Endorsement
Causing death by careless driving when under the influence of drink or drugs (section 3A RTA 1988 as added by RTA 1991) Indictment 10 years imprisonment or level 5 fine (£5,000), Or both Obligatory Obligatory 3–11 penalty points
Driving or attempting to drive when under the influence of drink or drugs (section 4(1) RTA 1988) Summarily 6 years imprisonment or level 5 fine (£5,000),Or both Obligatory Obligatory 3–11 penalty points
Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs (section 4(2) RTA 1988) Summarily 3 months imprisonment or level 4 fine (£2,500), Or both Discretionary Obligatory 10 penalty points
Failing to supply specimen for laboratory test Summarily (section 7 RTA 1988) Summarily (a) Where specimen required to ascertain ability to drive—6 months or level 5 fine (£5,000) or both (b) in any other case, 3 months or level 4 fine (£2,500) or both (a)Obligatory (b) In any other case, discretionary Obligatory (a) 3–11 penalty points (a) 3–11 penalty points (b) 3–11 penalty points