Drunk in Charge of a Vehicle | Defence Solicitors UK
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You went out, you had drinks, and you made the sensible decision not to drive. You went back to your car to sleep it off, or to collect something, or to wait for a taxi. Then the police appeared and charged you with being drunk in charge of a vehicle.
It feels unfair. You weren’t driving. You didn’t intend to drive. But now you’re facing a criminal charge, potential disqualification, and a record that could affect your life for years.
Being drunk in charge of a vehicle is a real offence under UK law. But it’s not the same as drink driving, and it has specific defences that drink driving doesn’t. With the right legal help, many people avoid the worst consequences.
At Scarsdale Solicitors, we defend drivers across England and Wales against drunk in charge of a vehicle charges. We understand how these cases work, what defences apply, and how to achieve the best outcome for your situation.
Charged with drunk in charge? Call +44 (0) 161 660 6050 for urgent legal advice.
What Is the Offence of Being Drunk in Charge of a Vehicle?
Being drunk in charge of a vehicle is an offence under Section 4(2) of the Road Traffic Act 1988. You commit this offence if you are in charge of a motor vehicle on a road or public place while unfit to drive through drink or drugs.
Under Section 5(1)(b), there’s also an offence of being in charge while over the prescribed alcohol limit, even if you’re not technically “unfit” to drive.
The key elements are:
- You were in charge of the vehicle. This doesn’t mean driving. Being in the driver’s seat with keys nearby can be enough. So can being near your vehicle with apparent intent or ability to drive.
- The vehicle was on a road or public place. Car parks, driveways with public access, petrol station forecourts, and most places where vehicles are typically parked all count.
- You were over the limit or unfit through drink/drugs. The same alcohol limits apply as for drink driving (35mcg breath, 80mg blood, 107mg urine in England and Wales).
The prosecution doesn’t need to prove you were going to drive. They just need to prove you were in charge while over the limit.
The Difference Between Drunk in Charge and Drink Driving
Understanding this distinction is important because the charges carry different consequences.
Drink Driving (Section 5(1)(a))
Drink driving requires that you actually drove or attempted to drive while over the limit. The prosecution must prove:
- You drove or attempted to drive
- On a road or public place
- While over the prescribed limit
Conviction means mandatory disqualification for at least 12 months.
Drunk in Charge of a Vehicle (Section 5(1)(b))
Being drunk in charge of a vehicle only requires that you were in charge of the vehicle. No driving is necessary. The prosecution must prove:
- You were in charge of a motor vehicle
- On a road or public place
- While over the prescribed limit
Disqualification is discretionary, not mandatory. The court can impose 10 penalty points instead.
Why This Matters
The consequences differ significantly:
Aspect | Drink Driving | Drunk in Charge |
Disqualification | Mandatory minimum 12 months | Discretionary |
Alternative to ban | None | 10 penalty points |
Maximum imprisonment | 6 months | 3 months |
Maximum fine | Unlimited | £2,500 |
Being drunk in charge of a vehicle is still serious, but the absence of mandatory disqualification means more flexible outcomes are possible.
What Does "In Charge" Mean?
The definition of being “in charge” of a vehicle has been developed through case law. Courts consider multiple factors.
Factors Suggesting You Were In Charge
- Having the keys. If you have the ignition keys, courts generally consider you in charge of the vehicle.
- Being in or near the vehicle. Sitting in the driver’s seat or standing by the vehicle suggests being in charge.
- Ownership or regular use. If it’s your vehicle or one you regularly drive, that supports being “in charge.”
- Evidence of recent driving. A warm engine or evidence that you drove to that location suggests you were in charge.
Factors Suggesting You Weren’t In Charge
- Someone else had the keys. If another person had exclusive possession of the keys, you may not have been in charge.
- Someone else was clearly the driver. If another person was going to drive, or had just finished driving, you may not have been in charge.
- Abandonment of the vehicle. If you’d clearly abandoned the vehicle with no intention to return to it as a driver, you might argue you weren’t in charge.
The Practical Reality
In most drunk in charge of a vehicle cases, the facts are clear: the person was in or near their own car with keys available. The question becomes not whether they were “in charge” but whether the statutory defence applies.
Not sure if you were legally “in charge”? Call +44 (0) 161 660 6050 for advice.
The Statutory Defence for Drunk in Charge
Here’s the most important thing about defending drunk in charge of a vehicle: the law provides a specific statutory defence that doesn’t apply to drink driving.
Section 4(3) Defence
Under Section 4(3) of the Road Traffic Act 1988, you have a defence if you prove there was no likelihood of you driving the vehicle while over the limit.
The exact wording matters: you must show there was “no likelihood” of driving while still unfit or over the limit. This is a positive defence that you must prove on the balance of probabilities.
What You Need to Show
To succeed with this defence, you need to establish:
- No likelihood of driving. What was your actual intention? Were you sleeping it off? Waiting for someone? Had you made arrangements for alternative transport?
- While still over the limit. Even if you intended to drive eventually, if you had been sober by then, the defence can apply. This involves timing: how long until you planned to drive, and how long until you’d be under the limit.
Evidence That Helps
- Booked a taxi or arranged a lift. Evidence that you’d called a taxi, arranged for someone to collect you, or had a designated driver supports the defence.
- Sleeping arrangements. If you were clearly settling down to sleep it off, with a blanket, phone alarm set for the morning, this supports your case.
- Keys not in ignition. Keys in your pocket or handbag rather than in the ignition suggests less immediate intention to drive.
- Engine cold. If the vehicle clearly hadn’t been driven recently and you weren’t preparing to drive, this helps.
- Statements to police. If you told police you weren’t planning to drive, this is evidence (though how persuasive depends on the circumstances).
Why This Defence Matters
Drink driving has no equivalent defence. If you’re caught driving over the limit, that’s it. But being drunk in charge of a vehicle gives you a way out if you can prove you genuinely weren’t going to drive while over the limit.
Many drunk in charge of a vehicle cases succeed on this defence. The key is presenting compelling evidence of your actual intentions and arrangements.
Penalties for Being Drunk in Charge of a Vehicle
The penalties for being drunk in charge of a vehicle are lower than for drink driving, but still serious.
Maximum Penalties
- Imprisonment: Up to 3 months (compared to 6 months for drink driving)
- Fine: Up to £2,500
- Disqualification: Discretionary, but commonly imposed
- Penalty Points: 10 points if not disqualified
Sentencing Guidelines
Courts consider:
- Your alcohol level. Higher readings mean more serious treatment.
- Your actual conduct. Were you just near your car, or were you in the driver’s seat about to start the engine?
- Your explanation. Did you have a convincing reason for being in your vehicle?
- Previous convictions. Prior motoring offences, especially alcohol-related, increase severity.
Common Outcomes
Many first-time offenders for drunk in charge of a vehicle who don’t run the statutory defence receive 10 penalty points and a fine rather than disqualification. This is particularly likely if:
- They weren’t actually about to drive
- Their explanation was reasonable
- They have no relevant previous convictions
- The alcohol reading wasn’t extremely high
However, if you were about to drive, or your reading was very high, disqualification becomes more likely.
Defending Drunk in Charge of a Vehicle Cases
Multiple defence strategies exist depending on your circumstances.
The Statutory Defence (No Likelihood of Driving)
This is the main defence, discussed above. Prove you weren’t going to drive while over the limit, and you’re not guilty.
We help clients present this defence effectively by:
- Gathering evidence of their actual intentions
- Obtaining taxi booking records, phone call logs, and witness statements
- Presenting the timeline of events clearly
- Challenging any prosecution assumptions about intended driving
Challenging “In Charge” Status
Sometimes we can argue you weren’t actually “in charge” of the vehicle. This might apply if:
- Someone else had the keys
- Someone else was clearly responsible for the vehicle
- You’d genuinely abandoned the vehicle
This defence is narrower than the statutory defence but can succeed in the right circumstances.
Challenging the Alcohol Reading
Like all alcohol-related driving cases, procedural challenges can apply:
- Were the breath testing devices properly calibrated?
- Did police follow correct procedures?
- Was the sample handled appropriately?
If there are genuine procedural failures, the evidence may be inadmissible.
Below the Limit at Time of Being “In Charge”
If you were under the limit when you were in charge of the vehicle, but had risen above it by the time of testing (the “hip flask” scenario), this can be a defence. However, this is rare for drunk in charge of a vehicle cases since most people aren’t drinking immediately before being found.
Need help defending your case? Call +44 (0) 161 660 6050.
Common Drunk in Charge Scenarios
Understanding typical situations helps you assess your own position.
Scenario 1: Sleeping in Your Car
You’ve had too much to drink. Sensibly, you decide not to drive home. You recline your seat and sleep it off in the car park. Police arrive and find you asleep in the driver’s seat with keys in your pocket.
Defence position: Strong statutory defence. You were clearly sleeping it off with no immediate intention to drive. Evidence of sleeping arrangements (reclined seat, alarm set for morning) helps.
Scenario 2: Sitting in a car waiting for a taxi
You’re waiting for a taxi to arrive. It’s cold, so you sit in your car with the engine running for heating. Police see you and investigate.
Defence position: Good defence if you have evidence that the taxi was booked. Taxi booking confirmation, phone records showing the call, are all helpful.
Scenario 3: About to Drive But Hadn’t Started Moving
You unlock your car, get in the driver’s seat, and put the key in the ignition. Before you can start the engine, the police approach.
Defence position: Weak. This looks like attempted driving. The statutory defence is hard to argue when you were clearly about to drive. This might result in a drink-driving charge instead.
Scenario 4: Collecting Items from Your Car
You return to your car just to collect your phone or coat. You’re not going to drive. Police see you unlocking the car.
Defence position: Potentially strong if your intention was genuinely just to retrieve items. Evidence of how you were getting home (taxi, friend, walking) supports this.
Scenario 5: Keys Locked in the Car
You’re near your car, but the keys are locked inside. You’re waiting for breakdown assistance.
Defence position: Strong argument that you weren’t “in charge” since you couldn’t access the vehicle as a driver. Breakdown service booking records help.
The Court Process for Drunk in Charge Cases
Being drunk in charge of a vehicle is a summary offence heard in the Magistrates’ Court.
Initial Stages
After arrest and charge, you’re released to attend court at a later date. The paperwork confirms the charge and your court date.
Preparing Your Defence
Before your hearing, gather evidence supporting the statutory defence if that’s your strategy. Taxi records, phone logs, witness statements, photos of where you were found, and anything else relevant.
At Court
When you appear, you enter a plea. If you’re running the statutory defence, this is a “not guilty” plea. The case then goes to trial.
If you’re pleading guilty (perhaps accepting the charge but arguing for points rather than disqualification), sentencing happens on the day.
The Trial
For contested cases, the prosecution presents evidence of finding you over the limit in charge of the vehicle. You then present your statutory defence, showing there was no likelihood of driving while over the limit.
The burden of proving the defence is on you, but only on the balance of probabilities (more likely than not), not beyond a reasonable doubt.
Sentencing
If convicted, the court considers guidelines, your circumstances, and whether to disqualify or impose points. Mitigation can make a real difference to whether you keep your licence.
Impact of a Drunk in Charge Conviction
Even without disqualification, a drunk in charge of a vehicle conviction has consequences.
Criminal Record
You receive a criminal record for a road traffic offence. This can affect employment applications, professional licensing, and travel to some countries.
Insurance
Your motor insurance premiums will increase significantly. You must declare the conviction when asked. Some insurers refuse cover for drivers with alcohol-related convictions.
10 Penalty Points
If you receive points rather than a disqualification, 10 points go on your licence. For many drivers, this puts them close to or over the totting up threshold. Any further offence could trigger a six-month ban.
Employment
Jobs requiring driving or security clearance may be affected. Certain regulated professions require notification of criminal convictions to licensing bodies.
Future Driving Offences
A drunk in charge of a vehicle conviction on your record makes any future alcohol-related driving offence more serious. If you’re later convicted of drink driving, the previous conviction is an aggravating factor.
How Scarsdale Solicitors Can Help With Drunk in Charge Cases
We’ve defended numerous drunk in charge of a vehicle cases across England and Wales. Our approach focuses on achieving the best realistic outcome.
Case Assessment
We review your circumstances and advise whether the statutory defence applies. What were you actually doing? What evidence supports your version? What’s the realistic outcome?
Evidence Gathering
We help you obtain evidence supporting your defence: taxi records, phone logs, witness statements, anything that proves you weren’t going to drive while over the limit.
Court Representation
We present your case effectively, whether running the statutory defence at trial or arguing mitigation after a guilty plea. Professional advocacy makes a difference.
Realistic Advice
Not every case can be defended. If the evidence against you is strong and the statutory defence doesn’t realistically apply, we tell you. We help you understand your options honestly.
Why Choose Scarsdale Solicitors for Drunk in Charge Cases?
Shazia Ali and our team have over 20 years’ experience in motoring law. We handle alcohol-related driving cases regularly and understand what arguments succeed.
- Specialist expertise. Motoring law is our focus. We understand the statutory defence for being drunk in charge of a vehicle and how to present it effectively.
- Nationwide coverage. We represent clients in Magistrates’ Courts across England and Wales.
- Honest assessment. We evaluate your case realistically and advise on whether defending it makes sense.
Fixed fees available. For straightforward drunk in charge of a vehicle cases, we offer fixed-fee representation.
Contact Scarsdale Solicitors today:
Phone: +44 (0) 161 660 6050
Address: Reeds House, 3-4 Hunters Lane, Rochdale, OL16 1YL.
We represent clients nationwide across England and Wales.
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Frequently Asked Questions About Being Drunk in Charge of a Vehicle
Understanding offences and process helps you make informed decisions about your future.
Being drunk in charge of a vehicle is an offence under Sections 4(2) and 5(1)(b) of the Road Traffic Act 1988. You commit this offence by being in charge of a motor vehicle on a road or public place while over the prescribed alcohol limit or unfit through drink, even if you weren't driving.
The maximum penalties are 3 months' imprisonment, a fine of up to £2,500, and discretionary disqualification. If not disqualified, you receive 10 penalty points. First-time offenders often receive points and a fine rather than disqualification.
No. Drink driving requires that you actually drove or attempted to drive while over the limit. Being drunk in charge of a vehicle only requires that you were in charge of the vehicle, not that you drove it. The penalties differ: drink driving has mandatory disqualification, while drunk in charge of a vehicle has discretionary disqualification.
Being in charge generally means having control or apparent control of the vehicle. If you're in or near the vehicle with keys available, you're likely considered in charge. The exact definition depends on circumstances and has been developed through case law.
Yes. The statutory defence under Section 4(3) provides that you're not guilty if you prove there was no likelihood of driving the vehicle while over the limit. This defence doesn't exist for drink driving charges.
Evidence includes: taxi or lift arrangements, witnesses to your intentions, sleeping arrangements in the vehicle, keys not in the ignition, evidence of alternative transport plans, and your explanation to police. The burden is on you to prove the defence on the balance of probabilities.
Sleeping in your car while over the limit is still technically being drunk in charge of a vehicle. However, the statutory defence should apply if you were genuinely sleeping it off with no intention to drive while still over the limit. Evidence of sleeping arrangements helps.
Not necessarily. Unlike drink driving, disqualification is discretionary for drunk in charge of a vehicle. Courts often impose 10 penalty points instead, particularly for first offences where you weren't about to drive. However, disqualification is still possible, especially for higher readings or concerning circumstances.
Yes. Any alcohol-related driving conviction increases insurance premiums significantly. You must declare it when asked. Some insurers refuse to cover drivers with such convictions, and those that do charge much higher premiums.
Yes. It's a road traffic offence that results in a criminal record. The conviction can affect employment applications, professional licensing, and travel to countries that restrict entry for those with criminal records.
Your purpose can be relevant to the statutory defence. If you were merely collecting items with no intention to drive, and you have evidence of how you were getting home otherwise, you may have a defence. But you were still technically "in charge" while doing so.
Sometimes. If you were found in your vehicle but hadn't actually driven, the appropriate charge is drunk in charge of a vehicle rather than drink driving. If you've been charged with drink driving but didn't actually drive, we can argue for the lesser charge.
The conviction stays on your criminal record, becoming spent after rehabilitation periods. The driving endorsement (DR40 or DR50) stays on your licence for 4 years from the date of conviction (though it's recordable for 11 years). Insurance companies typically ask about the last 5 years.
The same as for drink driving in England and Wales: 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. Being over any of these limits while in charge of a vehicle is an offence.
Only if the land is a "public place." A pub car park, supermarket car park, or petrol station forecourt generally counts as a public place. Your own private driveway with no public access wouldn't count. The definition depends on whether the public has access.
Strongly advisable. The statutory defence requires proper presentation and evidence. If you're running the defence, professional representation significantly improves your chances. Even if pleading guilty, a solicitor can argue for points rather than disqualification.
You're still likely considered "in charge" if you have the keys and could start the vehicle. However, keys not being in the ignition is evidence supporting the statutory defence that you weren't about to drive.
If the statutory defence clearly applies and evidence is strong, the prosecution might discontinue. More commonly, cases proceed to trial where you prove the defence. Procedural challenges might also result in cases being dropped if evidence is inadmissible.
Refusing to provide a specimen without reasonable excuse is itself an offence carrying the same penalties as drunk in charge of a vehicle. Refusal is not a viable strategy and makes your situation worse, not better.
If the statutory defence applies to your situation and you have evidence to prove it, fighting the charge can result in acquittal. We assess each case individually and advise whether defending it is realistic.
Get Help With Your Drunk in Charge Case
Being charged with drunk in charge of a vehicle feels unfair when you weren’t actually driving. The good news is that the law recognises this through the statutory defence.
Whether you have a strong defence case or need to minimise the consequences of conviction, professional legal help makes a real difference.
Call Scarsdale Solicitors on +44 (0) 161 660 6050 for a free consultation about your drunk in charge of a vehicle case.
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