Drunk in Charge of a Vehicle
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Prosecuted for being drunk in charge of a vehicle? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.
It is an offence to be “in control” of a motor vehicle whilst over the prescribed limit for alcohol. This offence is often charged where someone is found not to be driving but is said to be “in charge” or control of a vehicle when, for example, the vehicle is stationery. So if a drive is found sitting in a vehicle and the engine is warm or still running, they may find themselves charged with this offence.
Quite often however there is some uncertainty as to whether a person is in control of a vehicle. By way of example, we have dealt with many cases where it has transpired that the police have incorrectly charging someone with this offence. Simply being sat in your vehicle does not mean that you are in control of it.
To decide if you were “in control’ the court will consider the following circumstances:
How far you were from the vehicle;
What you were doing at the relevant time;
Whether you had the ignition key;
Whether there is evidence that you were about to drive the vehicle
Defences
Drivers are often prosecuted for this offence after they decide to sleep in their vehicle after being on a night out for example, intending only to drive when they have sobered up. As long as you could show that there was no likelihood of you driving your vehicle whilst you remained in excess of the prescribed limit or unfit you may have a defence to any charges in this scenario.
Expert evidence will be required if this defence is raised. An experts report showing the rate at which the level of alcohol in your breath/blood/urine reading would have been eliminated would be required. From this we can demonstrate when you would have been in a fit state to drive after having had your last alcoholic drink.
Penalties
The penalties for this offence are contained in the table below.
Excess Alcohol (in charge) (Revised 2017)
Road Traffic Act 1988, s.5(1)(b)
Penalties for Being In Charge of a Motor Vehicle Whilst Unfit through Drink or Drugs
A similar offence to this is that of Being In Charge of a Motor Vehicle Whilst Unfit through Drink or Drugs.
The penalties for this offence are set out below.
Unfit through drink or drugs (in charge) (Revised 2017)
Road Traffic Act, 1988, s.4(2)
| Level of alcohol | Starting point | Range | Disqualification/Points | ||
|---|---|---|---|---|---|
| Breath(μg) | Blood (mg) | Urine (mg) | |||
| 120–150 and above | 276–345 and above | 367–459 and above | Medium level community order | Low level community order – 6 weeks’ custody | Disqualify 6 – 12 months |
| (Extendif imposing immediate custody) | |||||
| 90 –119 | 207– 275 | 275–366 | Band C fine | Band C Fine – Medium levelcommunity order | Consider disqualification up to 6months OR 10 points |
| 60 – 89 | 138– 206 | 184-274 | Band B fine | Band B fine – Band C fine | Consider disqualification OR 10 points |
| 36-59 | 81 – 137 | 108 –183 | Band B fine | Band A fine – Band B fine | 10 points |
| Level of seriousness | Starting Point |
Range | Disqualification/ points |
|---|---|---|---|
| Category 1 |
High level community order |
Medium level community order – 12 weeks’ custody |
Consider disqualification (extend if imposing immediate custody) OR 10 points |
| Category 2 |
Band C fine |
Band B fine – Medium level community order |
Consider disqualification OR 10 points |
| Category 3 |
Band B fine |
Band B fine |
10 points |
If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.
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