Drunk in Charge Driving Offence

In Charge of a Vehicle While Unfit through Drink or Drugs

Everybody knows that driving when over the limit is an offence which can result in a driving ban, Penalty Points, an expensive fine or a prison sentence. However, many people are unaware that it is classed as a driving offence to be over the limit when in charge of a vehicle.

• The 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;

• Drunk in charge (also known as in charge with excess alcohol) carries a maximum penalty of a 3 month prison sentence, a maximum fine of £2,500 and a minimum penalty of 10 points;

•  It is a defence for the motorist to prove that there was no likelihood of his driving while unfit;

So, what is deemed as being ‘in charge’ of a vehicle?

There is no legal definition. Each case will therefore depend on its own facts.

Generally, you are “in charge” if you are the owner of, are in possession of, or have recently driven the vehicle. You are not “in charge” if the vehicle is being driven by another person who holds a full driving licence or, if you are a ‘great distance’ from the vehicle.

Examples 

• A man supervising his wife who was driving under a Provisional Licence was convicted of being “in charge” having consumed alcohol in excess of the prescribed limit. He accepted he was in charge but argued there was no likelihood of his driving. The Court took the view that he might have taken control of the vehicle as a last resort;

• A man trying to remove a wheel clamp with a claw hammer, having refused to pay the Fee for its removal was acquitted of being in charge on the basis that there was no likelihood of his being able to drive the vehicle;

It may be necessary to produce medical evidence as to how long it would take for the Defendant’s alcohol level to become within the prescribed limit but other evidence such as arranging for someone else to drive the car or, booking a room at a nearby Hotel would more easily show that he was unlikely to drive the vehicle.

Simple possession of car keys while near the vehicle and over the prescribed limit may put the onus on the Defendant & their traffic offence solicitor to show there was no likelihood of driving the vehicle.

Sentencing Guidelines: based on 1st Time Offender Pleading Guilty

Breath (mg)	Blood (ml)	Urine (ml)	Starting Point	Range
36 – 59	81 - 137	108 - 183	Band B Fine	Band B Fine + 10 Points
60 – 89	138 – 206	184 – 274	Band B Fine	Band B Fine  + 10 Points OR consider Disqualification
90 - 119	207 – 275	275 – 366	Band C Fine	Band C Fine to Medium Level Community Order, consider Disqualification up to 6 months OR 10 Points
120 -150 and above	276 – 345	367 – 459 and above	Medium Level Community Order	Low Level Community Order to 6 weeks Custody, Disqualify 6-12 months

Aggravating or Mitigating Factors

Indicating Higher Culpability	Indicating Lower Culpability
LGV, HGV, PSV etc	Low likelihood of driving
Ability to drive seriously impaired
High Likelihood of driving
Driving for hire or reward

Note

• Triable only in the Magistrates Court;
• Maximum: Level 4 Fine and/or 3 months Custody;
• Must endorse Licence and may disqualify. If no Disqualification impose 10 Points;
• Reduction will be considered for Guilty Plea;
• Ancillary Orders will be considered including forfeiture or suspension of personal liquor licence;

If you have been charged with being in charge of a vehicle while unfit through drink or, drugs and need expert legal advice call our traffic offence solicitors now on:

                       01244 354689

                                                  (8am to 8pm)

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