Drunk in Charge

You do not have to be driving to be guilty of this offence. The law states that it is an offence being in charge of a vehicle on a road (or public place) when unfit through drink or drugs.

"In charge" is not a very precise concept. There must be proof of some connection between the person who is accused and the vehicle. A typical scenario would be where someone is asleep in their car and the keys are in the ignition and the person is found to be under the influence of alcohol. However, a person will be found not guilty of being "in charge" if he can demonstrate that there was no likelihood of him driving whilst he remained unfit to drive. We can help you argue that there was no likelihood in such a case and thereby reduce the chances of you being found guilty.

The Penalty

If you are found guilty of this offence the Magistrates must impose 10 penalty points on your licence unless there are special reasons or they may disqualify you from driving for any period and/or until a driving test has been passed. If the matter is serious enough they can send you to prison for up to three months. We therefore advise you strongly to seek legal advice if you are accused of such an offence.

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

"Defending the motorist throughout the South West"