Drunk in Charge of a Vehicle

While every driver is aware of the risks of drink driving, many are unaware of the related offence of being drunk in charge of a vehicle. This offence is taken seriously and can occur any time you are inside or near to your vehicle after drinking more than the prescribed limit of alcohol or drugs.

If you have been accused of being drunk in charge of a vehicle, drunk or drug driving, you need legal advice from a team of specialist motoring solicitors, who can help you build a robust defence and reduce the penalty you receive from the court. Penalties for being in charge of a vehicle after you have consumed alcohol can be equivalent to those for drug and drink driving, so it is vital to mount a defence at the earliest opportunity.

JMW's expert motoring offences solicitors can represent you in interactions with the police and the Crown Prosecution Service, examine the evidence provided by the prosecution, and present mitigating factors that can reduce your sentence. We are experienced in the statutory defences available, and know how to mount such a defence in the strongest possible terms. Our knowledge of related offences (such as careless driving) means we can take on even the most complicated cases and deliver the best possible outcome.

To get in touch with our team and to find out how we can assist with your case, call JMW for free on 0345 872 6666 or complete our online form.

How JMW Can Help

JMW Solicitors is here to help you navigate the legal intricacies of a drunk in charge offence. With our experience, expertise and unwavering commitment to your case, you can trust that you are in capable hands.

From the moment you get in touch, we will take a comprehensive approach to understanding your situation. We believe in transparent communication, and will provide clear advice about the legal process, potential outcomes and how we can best support you. Throughout the legal process, we will keep you up-to-date and aware of all developments related to your case, from your first no-obligation consultation with our team, to representation in court or during sentencing.

If a defence can be made on the grounds of 'no likelihood of driving,' we will meticulously compile the necessary evidence to support this claim. Where procedural errors are evident in police procedure, we will rigorously scrutinise these inconsistencies to fortify your defence. These steps are not only fundamental to defending an alleged offence, but to ensuring you receive a fair trial based on the evidence.

At JMW, we understand the severity of potential penalties for a drunk in charge offence, including fines, disqualification from driving and even imprisonment. We are dedicated to offering vigorous representation, advocating for your rights and working towards the most favourable outcome.

Meet our Team of Driving Offences Solicitors

Our specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of being drunk in charge of a vehicle.

What Is a Drunk in Charge of a Vehicle Offence?

Being drunk in charge of a vehicle is a criminal offence under the Road Traffic Act 1988, and is different to drunk driving. To be convicted of being drunk in charge of a vehicle, the prosecution must prove beyond a reasonable doubt that the amount of alcohol in your blood was above the legal prescribed alcohol limit and also that you were in charge of a vehicle in a public place.

When Is a Driver Considered 'In Charge' of a Vehicle?

A driver is considered 'in charge' of a vehicle when they have the ability to control its use, even if they are not driving. This is a situation that can be subjective and open to interpretation, and the exact circumstances of each case can greatly influence this definition.

For instance, if an individual is found within a vehicle and has the keys to the vehicle, that person could be perceived as 'in charge.' However, factors such as the individual's location in the vehicle, the position of the vehicle keys, whether the vehicle's engine was running and the individual's intentions may all play a part in determining whether or not the individual was in charge.

Key considerations when deciding whether you were ‘in charge’ of the vehicle are:

• Whether the defendant was in the car
• Where the keys were
• What the person was doing in the car
• Whether there was any intention of the person driving the car

The courts will look at the entirety of the circumstances at the relevant time to decide whether or not an individual was 'in charge' of a vehicle at a specific time. This means that a solicitor can make strong arguments in your favour based on the available evidence in these cases.

What if the Defendant Did Not Intend to Drive?

The prosecution does not need to prove that the defendant intended to drive while under the influence of alcohol to bring a charge of being 'drunk in charge.' Merely being 'in charge' of a vehicle while over the legal alcohol limit can be enough for a conviction, regardless of whether there was an intent to drive. However, showing intent to drive can act as an aggravating factor and make a conviction more likely.

What Counts as Showing Intent to Drive?

Intent to drive a vehicle whilst intoxicated is often judged on the basis of the available evidence. An individual might be deemed to have intended to drive if they have consumed excess alcohol and are found within the vehicle with the keys, even if they are not in the driver's seat at the time.

Proof of intent to drive could potentially include things like the car's running engine, the presence of the keys in the ignition, the individual being found in the driver's seat, or the individual making statements about their intention to drive. The nature and position of the vehicle may also be taken into account - for example, if a vehicle is parked in a way that suggests imminent use, this may show more intent to drive than one parked in a long-stay car park late at night.

What Are the Penalties for Drunk in Charge Offences?

The possible punishments for being drunk in charge of a vehicle differ to those for drink driving. A drink driving conviction means that the defendant is automatically given a 12-month disqualification from driving. However, those who are convicted of being drunk in charge of a vehicle could face a fine plus:

• Ten penalty points
• Disqualification from driving
• A possible community order
• Custodial sentence

Being drunk in charge of a vehicle will not usually lead to a prison sentence, but any of the associated penalties can be extremely serious.

If you decide to defend the allegation, you would need to satisfy the court that you had no intention of taking control of the vehicle to avoid losing your driving licence. The criminal law experts at JMW can help you to gather evidence and mount a strong defence against these charges, or present mitigating factors that will minimise your sentence.

How Can I Defend a Drunk in Charge Offence?

When dealing with drunk in charge offences, our expert solicitors look to employ any of several legal defences which, if successfully argued, can result in an acquittal or the charge being dropped. Here are some examples of key defences:

1. No likelihood of driving: this is the most common defence against a charge of being ‘drunk in charge’, although it is not a complete defence. The defendant has to demonstrate that, even though they were in charge of a vehicle while over the legal limit, there was no likelihood of them driving the vehicle while they remained over the limit. Various factors such as the defendant's intentions, the vehicle's location and the time period within which the defendant intended to drive can be relevant. This defence can be complex and requires a sound legal strategy.
2. Procedural errors: if the police did not follow proper procedures in administering breath, blood or urine tests, or if they did not follow the correct procedure when charging or detaining the defendant, this can also form the basis of a defence.
3. Reliability of breathalyser: the defence might question the reliability of the breathalyser equipment used to determine the level of alcohol in the defendant's body, though, such cases are difficult to challenge.

It is important to remember that every case is unique and a strategy that works for one case may not be applicable for another. It is always advisable to consult with a skilled solicitor to understand the best legal defence for your specific circumstances.

Why Choose JMW?

The experts here at JMW can take the stress out of facing a prosecution for being drunk in charge of a motor vehicle by backing you with their significant knowledge of motoring law and years of experience helping drivers to stay on the road.

Due to our successes over the decades that JMW has been operating, we have been recognised as a top UK law firm by prestigious legal institutes, such as The Legal 500 and Chambers & Partners. For more information on how we have helped drivers to stay on the road, take a look at our motoring offences case studies, or take it directly from our clients by reading our testimonials.

By seeking our help, you will receive legal advice and representation from a team of solicitors who have forged a reputation for refusing to accept defeat and successfully helping clients defend charges of this kind time and time again.

Q

Can I be arrested for sleeping in my car after drinking?

A

You can be arrested for sleeping in your car after drinking if it is determined that you were 'in charge' of the vehicle while over the legal alcohol limit. The definition of being 'in charge' of a vehicle can be quite broad and includes situations where you are not actually driving the vehicle.

If you are found in your vehicle and have exceeded the legal alcohol limit, the police may conclude that you are 'in charge' of the vehicle. This is even more likely if you have the keys to the vehicle. If convicted of being drunk in charge of a vehicle, you could face penalties including a fine, a driving ban, and even imprisonment.

Therefore, if you have been drinking and there is a chance that you could be over the limit, it is best to avoid getting into your vehicle altogether. It is always safer, and legally wiser, to arrange for an alternative way home such as a taxi or designated driver.

The specific circumstances of each case can vary, and what constitutes being 'in charge' of a vehicle can sometimes be a grey area. If you find yourself facing a drunk in charge offence, it is strongly advisable to seek expert legal advice to understand your position and the best course of action.

Q

What evidence do the police use to prove you were drunk in charge of a motor vehicle?

A

If the police suspect you are drunk in charge of a vehicle, they can ask you to take a breath test at the roadside. A charge requires that you are parked in the road, a car park or any other public place.

When the breathalyser returns a positive result, you will be taken to a police station to give a blood sample or urine sample. If you are asked for a blood specimen, this will be administered by a medical professional, and you will give two samples - one will be used by the police, and the other will be provided to you so that you can check it yourself to verify the results, if you wish.

The police can then use the results to show that the alcohol level in your breath, blood or urine exceeded the legal limit.