subject: Drink Drivers [print this page] 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'.
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.
In cases of drunk in charge, each case is dependent on the facts relating to that specific case, but as a general guide a motorist is deemed to be in charge if they are the owner of the vehicle, are in possession of the vehicle or have driven the vehicle recently. You are not seen to be in charge of the vehicle if you are a considerable distance from the vehicle or if whoever is driving holds a full licence.
For example if someone was attempting to remove a parking clamp then this wouldn't count as drunk in charge as there is clearly no intention or way they could drive. An example of when someone would be seen to be drunk in charge would be if a mother was supervising her son who was driving on a provisional license, when she was over the drinking limit, as she may need to take the wheel if he became unable to drive.
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.
The methods and evidence employed to prove a motorist was not intending to drive are varied, but may include someone testifying that they instead were planning to drive the car, a phone call to prove a taxi was booked, or medical evidence to show how much time would have elapsed before the defendant's alcohol level to come within the limit.
