Being found to be ‘drunk in charge’ of a vehicle is a common motoring offence, we receive enquires for. This is notably more common over the festive period, with more people travelling to locations where alcohol is consumed, such as work Christmas parties.

If you are charged with being drunk in charge of a vehicle, this is different to being charged with drink-driving. This often causes confusion, as the offences are both very similar in the way the arrest/testing procedure is carried out. It is important to note that with drunk in charge cases, you do not need to have been actually driving the vehicle for the charge to be laid.

To be charged with this offence, the police/CPS must be able to evidence both core elements being:

• That the amount of alcohol in your system was in excess of the prescribed legal limit. This can be evidenced by way of a positive breath or blood specimen.
• That at the time of the alleged offence you were in charge of a vehicle in a public place.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What does being in charge of a vehicle mean?

A motorist would be deemed as in charge of a vehicle if they are not actively driving the vehicle, but the circumstances in which they are found are open to interpretation, whilst also being under the influence. These circumstances very much vary from case to case. For example; if a person is found to be under the influence whilst in a vehicle with the keys but not actively driving, this person may be charged with this offence. However, it’s important to review key factors which could determine whether or not the individual was ‘in charge’ of the vehicle. When determining this, the Court will take into consideration all circumstances and key factors. This can include but is not limited to:

• The position of the vehicle
• Whether the individual was actually in the vehicle
• The position of the keys to the vehicle
• The actions of the individual at the time of or leading up to arrest
• Whether the individual had the intention of driving the vehicle

When determining if an individual had the intent to drive, the prosecution (CPS/Police) will look to evidence intent, whilst defence lawyers will look to evidence that the individual did not have intent to drive at the time of the alleged offence.

Evidence of intent to drive can take many forms, such as:

• If the individual was found sat in the driver’s seat at the time of the alleged offence.
• Whether or not the keys were in the ignition at the time of the alleged offence.
• Whether or not the vehicle’s engine was running at the time of the alleged offence.
• The position of the vehicle and whether it suggests use was likely. For example; if the vehicle was parked in the car park of a bar with no other route home planned.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Sentencing Guidelines for Drunk In Charge

The offence of driving while in charge of a motor vehicle whilst under the influence of alcohol, falls under Section 5(1)(b) of the Road Traffic Act 1988. This offence is a triable only summarily offence, meaning it can only be heard in the Magistrates Court. The main difference in sentencing between a drink-driving matter and a drunk in charge matter, is that drunk in charge does not carry a mandatory minimum of a twelve-month driving disqualification, as drink-driving does. The starting point when sentencing for drunk in charge is a ten penalty point endorsement, which means you still have a chance of retaining your driving licence even if you are found guilty of the offence.

When determining where you may fall within the remit of the Sentencing Guidelines for this offence, you will need to know the level of alcohol found in your breath, blood or urine. The Sentencing Guidelines for this offence are split into four categories dependent on this level, as follows:

Category Four – If you have provided an evidential breath specimen of between 36ug– 59ug, a blood specimen of 81mg to 137mg and a urine specimen of between 109mg to 183mg you would fall within this category. This category subjects the individual to a ten penalty point endorsement and a Band A to B fine (50%-100% of relevant weekly income)

Category Three – If you have provided an evidential breath specimen of between 60ug– 89ug, a blood specimen of 138mg to 206mg and a urine specimen of between 184mg to 274mg you would fall within this category. This category subjects the individual to consideration of a driving disqualification or a ten penalty point endorsement and a Band B to C fine (100% – 150% of relevant weekly income)

Category Two – If you have provided an evidential breath specimen of between 90ug– 119ug, a blood specimen of 207mg to 275mg and a urine specimen of between 275mg to 366mg you would fall within this category. This category subjects the individual to consideration of a driving disqualification of up to six months, or a ten penalty point endorsement and a Band C fine (150% of relevant weekly income). You may also be sentenced to a medium level community order, alongside the forementioned sentence ( 80 – 150 hours of unpaid work).

Category One – If you have provided an evidential breath specimen of between 120ug– 150ug and above, a blood specimen of 276mg to 345mg and above and a urine specimen of between 367mg to 459mg and above you would fall within this category. This category subjects the individual to consideration of a driving disqualification of six to twelve months and a low level community order (40 to 80 hours unpaid work) to six weeks in prison.

It is important to note that if you have been disqualified from driving where the breath specimen provided exceeded 87.5ug or you have been disqualified for failure to provide a specimen for analysis or you have been disqualified on two or more occasions within a ten-year period for offences involving excess alcohol, you are classed as a high risk offender. As such, the DVLA may require you to satisfy them that you are medically fit to drive before you are permitted to do so. This will include completing and paying for medical assessments such as blood tests.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What potential defences are there for being drunk in charge of a vehicle?

If you are looking to enter a plea of not guilty to the charge of drunk in charge, a member of the expert motoring team will carefully review the evidence in your case to determine if you have a viable defence with reasonable prospects of success. If available to you, successfully running a defence to this offence could result in the charges being withdrawn. The most common defences run in these cases are there being no likelihood of driving and errors with police procedure or testing procedure. However, every case is different, and thus the potential defences available differ case to case.

With respect to the defence of no likelihood of driving; the individual looking to defend this charge would need to evidence that there was no likelihood of them driving whilst over the legal limit. This defence is complex in nature and may require a back calculation report by an independent expert to support the individual’s argument. This report will evidence whether or not the individual would be over the legal limit when they were next planning to drive the vehicle. It is important to also factor in the location of the vehicle at the time of the offence. For example; if the vehicle was not outside the individual’s home, it would be important to evidence how they were planning to travel home and when they would next be planning to be driving the vehicle.

With respect to a police procedural error or reliability of the testing procedure, it would be a case of carefully reviewing all evidence provided by the police/CPS to determine if the correct procedure was followed. This can include the procedure in obtaining a breath, blood or urine specimen for analysis and also the procedure when charging the individual. If there appears to be an issue with the reliability of the breathalyser equipment or testing of a blood sample, this can also potentially be raised as defence, but is much more difficult to challenge successfully.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Conclusion – Drunk in Charge of a Vehicle

If you have been charged with being Drunk in Charge of a Vehicle and are looking for legal representation or just some initial advice, please do not hesitate to contact one of our motoring experts at [email protected] or 0333 443 2366.

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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