Drunk in charge of a vehicle offence

Drunk in charge of a vehicle:

This is a statutory offence under section 5(1)(b) of the Road Traffic Act 1988. It is committed when a person is in charge of a motor vehicle on a road or other public place and the proportion of alcohol in their breath, blood, or urine exceeds the prescribed limit.

The prescribed limits are the same as for drink driving, namely 35 microgrammes of alcohol per 100 millilitres of breath, 80 milligrammes of alcohol per 100 millilitres of blood, or 107 milligrammes of alcohol per 100 millilitres of urine.

How it differs from driving whilst over the limit:

The key distinction is that the person does not need to be driving or attempting to drive the vehicle. They simply need to be "in charge" of it. This can cover a wide range of situations, for example sitting in a parked car with the keys, sleeping in a vehicle after drinking, or being near a vehicle of which you are the keeper or have recent control.

The statutory defence:

Section 5(2) of the 1988 Act provides a specific defence. The accused can show that there was no likelihood of them driving the vehicle while still over the prescribed limit. The burden of proving this defence falls on the defendant, on the balance of probabilities. Factors that might support this defence include evidence that the person had arranged alternative transport, had handed the keys to someone else, had no intention of driving until sober, or was a considerable distance from the vehicle.

Sentencing:

On summary conviction, the maximum penalty is three months' imprisonment, or a fine up to level 4 on the standard scale, or both. The court may impose a driving disqualification, though unlike driving whilst over the limit, disqualification is not obligatory. However, the court must endorse the licence with 10 penalty points unless there are special reasons not to do so.

Practical points:

This offence catches people who might not realise they are at risk. Common scenarios include someone who has been drinking and decides to sleep it off in their car, or someone who sits in a parked vehicle to stay warm while waiting for a taxi. The mere fact of being the registered keeper near the vehicle with access to keys can be enough to establish being "in charge" unless the statutory defence is made out.

If someone is charged with this offence, the strength of any defence will depend heavily on the specific facts, including where they were found, whether the engine was running, where the keys were, what their stated intentions were, and whether any arrangements for alternative transport can be evidenced. What was said to police at the time can be particularly significant, so any account given at the roadside or in custody needs careful consideration.