Specialist Drunk in Charge of a Vehicle Offence lawyers
Expert Drunk in Charge Solicitors London
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Drunk or Unfit Whilst in Charge of a Motor Vehicle
If you are charged with being drunk or unfit whilst in charge of motor vehicle then it is important you seek professional legal advice as soon as possible. Obtaining specialist legal advice from the outset can impact considerably on the final outcome. Also, by speaking to a specialist motor law solicitor, they should be able to alleviate concerns and reassure you.
From the beginning, it is important that you realise that whilst you may have provided a sample that was above the limit, this does not always mean that you can (or should) be convicted. However, in cases of being “in charge” the police do not always require a positive sample and this is dependent on the charge brought.
“in charge” motor offences; What are they?
The most common circumstance we encounter is when a motorist has consumed alcohol and wants to do the right thing by not driving their vehicle. With no other way to get home, they decide to “sleep it off” in their car before driving home. If you are discovered by officers and are found to be above the prescribed limit or they consider you to be unfit though drink or drugs then they can bring charges against you.
The legal definition of “in charge” is not as straight forward as one may think and the court will consider a number of factors such as:
- Where you were in relation to your vehicle at the time
- Where you were sitting if you were inside the vehicle
- Where the keys were
- Whether the engine was on
- Any evidence that suggests an intention to drive
It may come as a surprise to a lot of people that even if you are asleep in your car you can still be found guilty of being drunk in charge.
We provide free initial telephone advice (0800 433 2880) and would be happy to help so please contact us to discuss. A non-motor law specialist would (in most cases) not know the various possible defences that may be available and advise you to plead guilty. This is why we would strongly recommend contacting us even if you have spoken to non-specialists to ensure you get the most accurate advice.
What does being ‘drunk in charge’ mean?
The charge of “drunk in charge” refers to the offence of being in charge of a motor vehicle while under the influence of alcohol or drugs. It is an offence in the UK, and it applies even if the vehicle is not being driven at the time. This means that if you are found to be in the driver’s seat of a car, or in control of a vehicle, and you are over the legal alcohol limit, you could be charged with “drunk in charge” even if you have no intention of driving.
This motoring offence is designed to prevent people who are under the influence of alcohol or drugs from taking control of a vehicle, as they may be a danger to themselves and others on the road. It’s important to note that the legal alcohol limit for drivers in the UK is:
- 80 milligrams of alcohol per 100 millilitres of blood (or 0.08%)
- 35 micrograms of alcohol per 100 millilitres of breath
- 107 milligrams of alcohol per 100 millilitres of urine
If you are found to be over the legal limit while in charge of a motor vehicle, you could face serious penalties, including a fine, driving ban, and even imprisonment. We urge you to contact us and speak to one of our expert Motoring Lawyers as soon as possible if you are facing a possible conviction for drunk in charge.
A non-motor law specialist would (in most cases) not know the various possible defences that may be available and advise you to plead guilty. This is why we would strongly recommend contacting us even if you have spoken to non-specialists to ensure you get the most accurate advice.
The penalty for “drunk in charge” of a vehicle in the United Kingdom can vary depending on the specific circumstances of the case, including the level of intoxication, any aggravating or mitigating factors, and any previous convictions.
If convicted of “drunk in charge”, the maximum penalty is three months’ imprisonment, a fine of up to £2,500, and a driving ban of up to 12 months. The actual penalty imposed will depend on the severity of the offence, the level of intoxication, and other factors such as previous convictions.
In some cases, a community order, probation, or a suspended sentence may be imposed instead of a custodial sentence. However, if the offender has committed multiple offences or caused harm to others, a custodial sentence is more likely to be imposed.
It is important to note that a conviction for “drunk in charge” can also have other consequences, such as increased insurance premiums, difficulty finding employment, and damage to reputation. It is always best to seek legal advice if you are facing charges of “drunk in charge” to understand the potential penalties and options available to you.
To secure a conviction, the Crown Prosecution Service must be able to prove not only that you were in fact “in charge” of the vehicle (with the definition of this not being as straight forward as you may think) but also that you were over the limit. Proving both elements of this offence can be a difficult task which is why it is essential to seek advice.
“I wasn’t planning to drive!”
One possible defence to this allegation is if there was no intention of driving. If you are merely sat in your vehicle (for whatever reason) but do not intend to drive then you should not be found guilty of this offence however convincing the court of this can be a challenge.
A defendant must be able to prove that they had no intention to drive so long as he remained unfit/over the limit to do so. This is what is called as a “statutory defence” and is established in The Road Traffic Act 1988.
“I Was Not Over The Limit!”
Methods used to detect alcohol in a person’s system that are used in England and Wales are not infallible and we are often able to successfully challenge the reliability of breath/blood/urine samples. If you think that you did not consume enough alcohol to be above the prescribed limit then this in itself is worth investigating. In cases where a sample was not provided the prosecution be able to establish that your impairment not only existed but also that it was as a result of drink or drugs.
Yes, you can be arrested for “drunk in charge” on your own driveway in the United Kingdom if you are in control of the vehicle while under the influence of alcohol. This is because the law states that it is an offense to be in charge of a motor vehicle while under the influence of alcohol or drugs, regardless of whether the vehicle is on a public road or on private property, such as a driveway.
The key factor in determining whether an offense has been committed is whether the person in question is deemed to be in control of the vehicle. If the person is in the driver’s seat and has the keys to the vehicle, they may be deemed to be in control of the vehicle, even if the engine is not running.
It is important to note that the police will use their discretion when deciding whether to make an arrest in these circumstances. If the person is in their own driveway and not causing any harm or posing any danger to themselves or others, the police may choose to exercise their discretion and not make an arrest. However, if the person is deemed to be a risk to themselves or others, the police may decide to make an arrest to ensure public safety.
In the UK, you can be arrested for “drunk in charge” while sleeping in a car with the engine off, if you are deemed to be in control of the vehicle. The law states that it is an offence to be in charge of a motor vehicle while under the influence of alcohol or drugs, regardless of whether the vehicle is on a public road or on private property.
Whether you are deemed to be in control of the vehicle will depend on the specific circumstances of the case. If you are in the driver’s seat and have the keys to the vehicle, you may be deemed to be in control of the vehicle, even if the engine is not running. In such circumstances, you could be arrested for drunk in charge, even if you were not intending to drive the vehicle until you were sober.
However, if you are in the back seat of the car or in the passenger seat and do not have the keys to the vehicle, you may not be deemed to be in control of the vehicle, and therefore may not be arrested for drunk in charge.
It is important to note that the police will use their discretion when deciding whether to make an arrest in these circumstances. If you are deemed to be a risk to yourself or others, the police may decide to make an arrest to ensure public safety, even if you are not deemed to be in control of the vehicle.
Yes, there are certain special reasons that can be used as a defence against a “drunk in charge” conviction. These reasons are specific to the individual circumstances of the case and can provide a defence against the charge, even if you were technically in charge of the vehicle while under the influence of alcohol. Examples of special reasons could include:
Medical emergency: If you were under the influence of alcohol due to a medical condition or a medication prescribed by a doctor, you may be able to argue that you were not in control of your actions at the time.
Spiked drink: If your drink was spiked without your knowledge, and you were subsequently found to be in charge of a vehicle while under the influence of alcohol, you may be able to argue that you had no intention of driving and were not in control of your actions.
Necessity: If you had no other option but to sit in your vehicle while under the influence of alcohol, such as waiting for a designated driver, you may be able to argue that you had no intention of driving and were not in control of your actions.
It’s important to seek legal advice if you believe you have a special reason that could provide a defence against a “drunk in charge” conviction. As experienced lawyers, we can advise you on the best course of action to take in your individual case. For more on special reasons, please click here for our dedicated Special Reasons page.
The sentence for being found guilty of “drunk in charge” in the United Kingdom will depend on the specific circumstances of the case, including the level of intoxication, the location of the offense, and any previous convictions.
If convicted, the maximum penalty for “drunk in charge” is three months’ imprisonment, a fine of up to £2,500, and a driving ban of up to 12 months. However, the actual sentence imposed will depend on the individual circumstances of the case and the discretion of the judge or magistrate.
Factors that may be taken into account when sentencing include the level of intoxication, any aggravating or mitigating factors, such as whether there was any damage to property or injury caused, and any previous convictions. In some cases, a community order, probation, or a suspended sentence may be imposed instead of a custodial sentence.
It is important to note that the sentence for “drunk in charge” can vary widely, and it is always best to seek legal advice if you are facing these charges.
Yes, it is generally worth seeking assistance from a specialist motoring solicitor if you are facing charges of “drunk in charge” in the United Kingdom. A specialist motoring solicitor will have experience and expertise in this area of law and can provide you with the best possible advice and representation.
A specialist motoring solicitor can help you understand the charges against you, explain your options, and work to build a strong defence on your behalf. They can also represent you in court and negotiate with the prosecution to try and achieve the best possible outcome for you.
A specialist motoring solicitor can also help you navigate the complex legal system and ensure that your rights are protected throughout the process. They can help you understand the potential consequences of a conviction and advise you on the best course of action to take.
It is important to choose a solicitor who specialises in motoring law and has experience with “drunk in charge” cases, as they will have the knowledge and expertise required to provide you with the best possible representation.
What are the top 3 “Drunk in charge” misconceptions?
There are several common misconceptions related to the offence of drunk in charge of a motor vehicle in the UK. Here are some examples:
Sleeping in a car while drunk with the engine off: Some people believe that they can avoid a drunk in charge offence by sleeping in their car with the engine turned off. However, this is not always the case. If the police believe that you were intending to drive while over the legal alcohol limit, you could still be charged with the offence, even if the engine is off.
Being on private property: Some people think that they can avoid a drunk in charge offence if they are on their own driveway or private property. However, the law is clear that you can still be charged with the offence if you are in control of a motor vehicle while over the legal alcohol limit, regardless of whether you are on public or private property.
Time elapsed since driving: Some people believe that they can avoid a drunk in charge offence if they have not driven for a while and are not intending to drive again. However, this is not the case. If you are found to be in control of a motor vehicle while over the legal alcohol limit, you can still be charged with the offence, even if you have not driven for some time.
It is important to remember that the offence of drunk in charge of a motor vehicle is a serious one, with potential consequences including a criminal record, a driving ban, and even imprisonment. It is always best to avoid drinking and driving altogether, and to make alternative arrangements for transport if you plan to drink alcohol.
Being confident in your representation is of the utmost importance and if our success rate is not enough to convince you of our expertise, we invite you to review our web pages, client testimonials and case studies.
Many motorists have never head of this offence and are often surprised when charged. In UK law it is illegal to be in control or “in charge” of a vehicle whilst either over the limit or unfit through drink or drugs.
If you have provided a positive sample we would urge you to read the relevant page depending on whether you provided breath or blood/urine.
In the event you have not provided a positive sample the officers must have evidence or be able to prove that you were “unfit” or “impaired” which the Prosecution often find difficult to establish as being related to drink or drugs.
It is not uncommon for motorists who approach us to assume that they have only one option – to plead guilty. It is understandable to assume that you must be guilty if you have provided a positive test however this is not always the case. As specialists in motor law, there are a number of unique strategies and techniques that enable us to successfully defend you and we urge you to contact us so we can explain your options in detail. Being charged with this offence can be an intimidating process and we want you to be able to make informed decisions on how best to proceed with your case.
What makes Motoring Defence Solicitors different from the rest?
Being charged with an offence can be a frightening experience but a lawyer can help you. Finding the right representative can be a daunting process but we believe our success rate speaks for itself. We have a proven track record and our success is due to expert knowledge and over 30 years of experience. We will examine every aspect of your case and provide you with clear, uncomplicated advice.
No firm can ever guarantee a specific outcome. What we can guarantee is where there is a way to defend your case, we will identify it when the evidence becomes available to us. As part of this process we will scrutinise the case against you and look specifically at:
01 - Police Procedure
The process is very strict and the police often (rather alarmingly) make mistakes.
02 - How the Evidence was Obtained From You.
03 - The Strength of the Evidence Against You.
04 - Prosecution Procedure.
05 - Whether Special Reasons apply
Why Instruct Motoring Defence Solicitors?
Road Traffic Law is a very niche area of criminal law and there are very firms with genuine expertise in this area. As specialists, there are a number of strategies and techniques that have been developed and fine-tuned over the years that result in successful acquittals but what makes us different from the rest?
We provide free initial telephone advice and would be happy to help so please contact us to discuss. In cases where you have attended hospital, we are often able to establish whether or not you have a defence early on in the proceedings!
If you have been given your own sample of either blood or urine we strongly urge you to send this away for independent analysis and details can be found on our pages relating to this type of case.
Potential Penalties and Consequences
“In charge” offences are not quite as serious as drink driving or drug driving motor offences but the penalties can still be severe for motorists and include a disqualification. At the lowest end of the spectrum, being in charge of a vehicle can result in 10 penalty points being endorsed on your licence which may make you “tot up” however the court will consider a disqualification depending on your drug/alcohol level or level of impairment.
In more serious cases where there is a high alcohol reading/level of impairment or you are a repeat offender, then disqualifications can be as long as 5 years and you may also be at risk of a prison sentence or community order. You can find out more about the factors that the court consider when imposing penalties here.
There is also a Level 5 fine attached to this offence which can be anything up to £2500.00
A conviction will go onto your record as a criminal one but there are more far reaching consequences that are not immediately apparent such as:
- A negative impact upon your chosen career or employment
- Adverse effect upon your freedom to travel to certain countries
- Significantly increase the costs of your vehicle insurance for at least the next 4 years
- The social stigma attached to those who are ultimately convicted of drink driving
Let Specialist Motoring Offence Solicitors Help You
Being drunk in charge is one of the most daunting offences a motorist can be charged with as for many, the consequences can be catastrophic due to the driving ban they face. Our lawyers will not judge you and we understand the impact that a conviction can have upon a person’s life. This process can be a distressing time yet having representation can help you deal with the situation you are in.
We would recommend writing down everything you remember about the day/night in question and include as much detail as you can. Smaller details that may first appear minor can often have a significant impact on a case and how it is prepared so ensure that you cover your movements on the day, what you had to drink and at what times and also as much as you can remember about what happened from the moment the police became involved and what they said to you.
Legal Fees / Funding your case
The costs of representation will largely depend upon whether you decide to plead guilty or not guilty.
Your first court date will be when you must attend and confirm whether you are pleading “guilty” or “not guilty”.
If you plead guilty to the charge then in most cases only one hearing is required and we can agree a fixed fee of between £1000 – 1500 + VAT. If you plead not guilty, then it may be several months before your trial date and the fees incurred will be influenced by:
- How complex the case is; and
- The number of hearings involved/duration of the proceedings
For more detail about the fee structure and payment options available please visit our dedicated costs page here or contact us to discuss your case in more detail.
