Drink driving is not the only way alcohol and vehicles can get you prosecuted. There is also a criminal offence of being ‘drunk in charge’.
UK law states 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, but the in-charge is a more complex area where people run into difficulty, as there is no legal definition for this.
In cases of this nature, individual cases are dealt with on the facts relating specifically to the circumstance, but as a rule someone is said to be in charge if they own the vehicle, are in possession of the vehicle or have driven it recently. If you can be said to be a good distance from the vehicle or in the car with someone who has a full licence and is below the legal limit then you would not be classed as ‘in charge’.
For example if a motorist was sat in the passenger seat, whilst a friend with a full driving licence drove them and their car home then this would not be drunk in charge as there is clearly no intention to drive. However if someone was over the legal limit and attempting to move their car from blocking a driveway then this would be classed as drunk in charge.
Prosecution for drunk in charge comes with a maximum fine of 2500, a 3 month prison sentence and a maximum of 10 penalty points on the license, and in these cases the responsibility lies with the defendant and their defence team to prove that motorist was unlikely to drive, rather than with the prosecution proving 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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