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Drunk in charge differs from the more common charge of drink driving as you do not have to be physically driving the vehicle to be prosecuted.

The law says that “it is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in their breath, blood or urine”. Which seems fairly straightforward, but there is often confusion over what constitutes a motorist being in charge of a vehicle.

As a rule of thumb you are said to be in charge if are the owner of the vehicle, are in possession of the vehicle or have driven the vehicle recently, but in cases of drunk in charge, each case is dependent on its related information and facts .On the whole, you are not classed as in charge of the vehicle if you are a at a distance from the vehicle or if you are a passenger and the driver has a full license and is under the legal drink drive limit.

For instance if you were supervising a friend who had a provisional licence while you were under the influence of alcohol or drugs then you would be said to be drunk in charge as it is likely you may have to take the wheel at some point. If you were near a car that was not yours and you did not have they keys for it then obviously you would not be drunk in charge as you aren’t in charge of the vehicle.

The maxing penalties for conviction of drunk driving are a fine of 2500, a 3 month prison sentence and/ or 10 penalty points on the license, and it is the job of the defendant and team to prove they were not intending to drive rather than the responsibility of the prosecutor to prove they were.

Historically there have been many types of evidence used to prove a defendant was not likely to drive, with the most common being things such as medical reports suggesting the defendant would have been below the legal limit by the time they drove, phone records to prove a taxi was booked or a hotel booking receipt.

Learn more about motoring offences. Stop by the site where you can find out all about drunk in charge and other traffic offences.

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