9.1 Alcohol, Drugs and the Breath-Test Law
Key Takeaways
It is an offence to drive, attempt to drive or be in charge of a motor vehicle while unfit through drink or drugs, or with alcohol above the prescribed limit (s.85(1), as replaced in 2017).
The prescribed limits are 35 micrograms of alcohol per 100 ml of breath, 80 mg per 100 ml of blood, or 107 mg per 100 ml of urine.
A first conviction carries a fine of up to BBD $5,000 or 2 years, and 12 months' disqualification; a second carries up to BBD $10,000 or 5 years, and 5 years' disqualification; a later one means permanent disqualification.
Police may require a preliminary breath test and then two breath specimens for analysis; the lower reading counts, and failing to provide a specimen is an offence.
If you are unsure whether a medicine affects driving, read the label and ask your doctor or pharmacist before you drive.
Alcohol and drugs slow your reactions, blur your judgement and make you more willing to take risks. Barbados modernised its drink-driving law with the Road Traffic (Amendment) Act, 2017-26 (in force from 11 December 2017), which replaced section 85 of the Road Traffic Act and added sections 85A to 85I.
The offence (s.85(1))
No person shall drive, attempt to drive or be in charge of a motor vehicle on a road or in any other public place while that person:
- (a) is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle; or
- (b) has consumed alcohol so that the proportion in their breath or blood exceeds the prescribed limit.
"Drug" includes any intoxicant other than alcohol (s.85I). The offence covers being "in charge" of the vehicle, not just driving it, so sleeping off drink in the driver's seat with the keys is risky.
The prescribed limits (s.85I)
| Specimen | Prescribed limit |
|---|---|
| Breath | 35 micrograms of alcohol in 100 millilitres |
| Blood | 80 milligrams of alcohol in 100 millilitres |
| Urine | 107 milligrams of alcohol in 100 millilitres |
There is no safe "number of drinks." The same amount affects people differently depending on body size, food, tiredness and medicines, and alcohol can stay in your body the next morning.
Penalties and disqualification (s.85(2) and (3))
| Conviction | Maximum penalty | Disqualification (unless the court finds special reasons) |
|---|---|---|
| First | Fine of BBD $5,000 or 2 years' imprisonment, or both | 12 months |
| Second | Fine of BBD $10,000 or 5 years' imprisonment, or both | 5 years |
| Subsequent | As for a second conviction | Permanent |
A conviction under s.85 must be endorsed on the licence (s.82(2)), and the Licensing Authority may suspend or refuse to renew a licence for a conviction under s.85 within the last 3 years (s.78(2)).
Breath tests and specimens
- Preliminary breath test (s.85B). A uniformed police officer may require a breath test if they have reasonable cause to suspect that you are driving or in charge of a vehicle with alcohol above the limit, have done so and still have alcohol in your breath, or committed a traffic offence while the vehicle was moving. The test is taken at the scene or the nearest police station.
- Breath analysis (s.85C). If the preliminary test suggests you are over the limit, the officer may require two breath specimens for analysis, taken 2 to 10 minutes apart. The lower reading is used, and you receive a signed written statement of the result (s.85D).
- Blood or urine (s.85E). If no device is available or you cannot give breath for medical reasons, you may be required to give blood or urine, taken by a medical practitioner at a clinic, polyclinic or hospital.
- Serious crashes (s.85F). After an accident causing serious injury or death, the officer shall require every driver involved to give a blood or urine specimen.
- Refusing. Failing without reasonable excuse to give any required specimen is an offence punishable by a fine of BBD $1,000 or 6 months (ss.85B to 85F).
- Arrest (s.85H). Police may arrest without a warrant a driver whose breath test shows a result over the limit, or who fails to give a breath specimen when suspected of being under the influence. Hospital patients are protected: a specimen can be required only after the doctor in charge is told, and the doctor may object (s.85G).
Public service and articulated vehicle drivers (s.69A)
A person granted a licence to drive an articulated vehicle or a public service vehicle is, as a condition of the licence, subject to random alcohol and drug testing, carried out by a medical practitioner, at the request of the licensing authority.
Medicines and drugs
Many medicines, including some cough mixtures, antihistamines, painkillers and sleeping tablets, cause drowsiness. Barbados test papers ask what to do if you are unsure whether a cough medicine will affect your driving. Read the label and ask your doctor or pharmacist before driving, and do not drive if you feel drowsy. Illegal drugs, and alcohol combined with medicines, are especially dangerous.
Not just drivers
- Riding a bicycle while unfit through drink or drugs is an offence (reg. 120).
- Driving or riding any non-motor vehicle, or riding or leading a horse or other animal, while incapable of proper control through drink or drugs is an offence (reg. 129).
Plan ahead
Decide before you go out how you will get home: choose a driver who will not drink, take a taxi or bus, or stay where you are. If you have been drinking late, think carefully before driving the next morning.
What is the prescribed breath-alcohol limit in Barbados under s.85I?
22 micrograms of alcohol per 100 ml of breath
80 micrograms of alcohol per 100 ml of breath
35 micrograms of alcohol per 100 ml of breath
107 micrograms of alcohol per 100 ml of breath
A driver is convicted of drink-driving under s.85 for the first time. What disqualification applies unless the court finds special reasons?
3 months
Permanent disqualification
5 years
12 months
You are unsure whether a cough medicine will affect your driving. What should you do?
Read the label and ask your doctor or pharmacist before driving
Take half the dose and drive slowly
Drink coffee to counter any drowsiness, then drive
Drive, but only if you feel alright after the first kilometre
Sections you finish are checked off in the contents.