Driver Intoxicated

A person is guilty of the offence of being an intoxicated driver if they either: drive, ride or are in charge of either a vehicle or an animal on a road, whilst they are under the influence of alcohol.

For the purposes of this section, animals include horses, cattle and sheep. In addition, whilst other provisions specify that a motor vehicle in required to for an offence to be committed, this provision only requires that a vehicle is involved. The definition is then extended to include bicycles, or animal-drawn vehicles.

This section requires a discretionary judgment as to whether or not a person is intoxicated. If you have been arrested under this offence, you are entitled to be examined by a doctor or authorised nurse if you request an examination.

The maximum penalty for this charge depends on whether a person is a first or a repeat offender. In either case, the starting point at sentencing would be for the Court to record a conviction, impose a fine and disqualify your licence for three years, for a first offence and five years for a second offence. For both a first and a repeat offence, the Court may also impose a period of imprisonment up to six months.


Traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.


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