Are You In The Know About Drunk In Charge
It is not only physically driving a vehicle that can get you in trouble with the law, as there is also an offence called ‘drunk in charge’.
According to the law 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 what is classed as 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 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.
A wide range of evidence can prove this, including medical evidence to show how soon the defendant would come back within the legal limit, a hotel booking or a receipt for overnight parking.
Learn more about motoring offences. Stop by the site where you can find out all about drunk in charge and other traffic offences.