Drunk in Charge on Driveway or while Sleeping

Drunk driving is a serious offence that endangers the lives of everyone on the road. One particular offence that is often misunderstood is the “drunk in charge” motoring offence. In this article, we’ll explain what this offence entails, dispel misconceptions, and provide advice for anyone facing this charge.

What is the “drunk in charge” offence?

Section 4 of the Road Traffic Act 1988 defines drunk driving as “it is an offence if a person drives or attempts to drive a motor vehicle on a road or other public place whilst unfit through drink or drugs.”  

This offence occurs when a person is found to be in charge of a vehicle on a public road or other public place while their level of alcohol consumption is such that they are incapable of driving the vehicle.

The term “in charge” is broad and can include a range of scenarios. It can refer to being behind the wheel of a stationary vehicle, having the keys to a vehicle while sitting in the driver’s seat, or even being near the vehicle with the intention of driving it.

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:

1. 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.
2. 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.
3. 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.

DRUNK IN CHARGE FAQs

What are the possible penalties for a “drunk in charge” offence?

The penalties for being convicted of a “drunk in charge” offence can vary depending on the severity of the case and the individual circumstances. However, the minimum penalty for this offence is typically a fine, and the maximum penalty can include imprisonment and disqualification from driving. In addition to the penalties imposed by the court, a conviction for this offence can have other consequences, such as higher insurance premiums and difficulty obtaining employment in certain fields. It’s important to seek legal advice if you are facing this charge to understand the potential penalties and the options available to you.

What if I was sleeping in my car when I was charged with “drunk in charge”?

If you were found to be sleeping in your car while under the influence of alcohol, you could still be charged with the offence of being “drunk in charge” of a motor vehicle. The key factor is whether you were in charge of the vehicle at the time. If you had the keys to the vehicle and were in the driver’s seat or had the intention of driving, then you could still be charged with this offence, even if you were not actively driving the car. It’s essential to seek legal advice if you are facing this charge to understand your options and legal rights.

Can I still be charged with “drunk in charge” if I wasn’t intending to drive?

Yes, you can still be charged with the offence of being “drunk in charge” of a motor vehicle even if you had no intention of driving. The key factor is whether you were in charge of the vehicle while under the influence of alcohol. If you were found to be in control of the vehicle, such as having the keys to the car and sitting in the driver’s seat, then you could still face charges even if you had no intention of driving. It’s crucial to seek legal advice if you are facing this charge to understand your legal rights and options.

Can you be charged with drunk in charge, even if you don’t have your car keys near you?

Yes, you can still be charged with the offence of “drunk in charge” even if you do not have your car keys near you. The key factor is whether you were in control of the vehicle while under the influence of alcohol. If you were found to be in control of the vehicle, such as sitting in the driver’s seat or having the intention of driving, then you could still face charges even if the keys were not nearby. The court will consider all the circumstances of the case, including the evidence presented by the prosecution, before making a decision. It’s crucial to seek legal advice if you are facing this charge to understand your legal rights and options.

What if I’m found asleep in back of car drunk, will police charge me with being drunk in charge?

If you were found asleep in the back of your car while under the influence of alcohol, the police could still charge you with the offence of being “drunk in charge” of a motor vehicle, depending on the circumstances. The key factor is whether you were in control of the vehicle while under the influence of alcohol. If you were found to be in control of the vehicle, such as having the keys to the car and the intention of driving, then you could still face charges even if you were in the back seat. However, if you can prove that you had no intention of driving, and the keys were not accessible to you, then you may have a defence against the charge. It’s important to seek legal advice if you are facing this charge to understand your legal rights and options.

Are there any particular special reasons that typical work while defending against a drunk in charge conviction?

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. An experienced lawyer can advise you on the best course of action to take in your individual case.

Drunk in Charge: On the Rise

According to statistics from the Department for Transport, there were 4,307 reported “drunk in charge” offences in England and Wales in 2019. This represented a 3% increase from the previous year in 2018.

If you are facing a “drunk in charge” offence, it is important to seek legal advice as soon as possible. A skilled solicitor can help you understand your legal rights and options, and can work to minimise the impact of the charge on your life.

In addition, it is important to understand the serious consequences of drunk driving. Not only can it result in criminal charges and penalties, but it can also cause serious injury or death to yourself or others on the road.

To avoid drunk driving, plan ahead and make arrangements for a designated driver, public transportation, or a taxi. Never take the risk of driving while under the influence of alcohol.