Road Traffic Act · 2026 Revised Edition · Part · Driving and Other Offences and General Conditions Relating to Use of Motor Vehicles on Road
26B. Being in charge of motor vehicle while under influence of drink or drugs
Official textFrom Attorney General's Chambers, unchanged
Any person who, when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
person
“person” shall have the meaning assigned to it by the Interpretation and General Clauses Act;
whilst under the influence of drink, a drug or an intoxicating substance, to such an extent as to be incapable of having proper control of such vehicle; or
has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, is guilty of an offence and liable on conviction to a fine of not less than $500
and not more than $2,000 or imprisonment for 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and imprisonment for 6 months.
For the purposes of subsection (1), a person is deemed not to have been in charge of a motor vehicle if he proves that —
motor vehicle
“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;
at the material time, the circumstances were such that there was no likelihood of him driving the vehicle so long as he remained so under the influence or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
between him becoming so under the influence and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.
On a second or subsequent conviction for an offence under this section, the court shall order that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for a period of 12 months from the last day of his imprisonment unless the court, for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.
Where a person convicted of an offence under this section has been previously convicted of an offence under section 26, he shall be treated for the purpose of this section as having been previously convicted under this section.
Road Traffic
road
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
Any police officer may without a warrant arrest any person committing an offence under this section.
Terms defined in s 2
motor vehicle
Defined · s 2“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;
person
Defined · s 2“person” shall have the meaning assigned to it by the Interpretation and General Clauses Act;
road
Defined · s 2“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
traffic
Defined · s 2“traffic” includes vehicles of every description, pedestrians, processions, and bodies of troops and all animals being ridden, driven or led;
vehicle
Defined · s 2“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.
Part
Suspension, Cancellation and Endorsement of Driving Licences
Part
Public Service Vehicles and Franchises
Part
Certificates of Fitness
Part
Traffic on Roads
Part
Powers of Police
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