What Is the Offence of Drunk in Charge?
Being drunk in charge of a motor vehicle is an offence under section 5(1)(b) of the Road Traffic Act 1988. It applies when a person is in charge of a vehicle on a road or public place while over the prescribed alcohol limit. You do not need to be driving or even intending to drive to be charged.
The prosecution must prove two elements: that you were over the legal limit, and that you were in charge of the vehicle at the relevant time. In charge means having some degree of control over the vehicle, such as having the keys or being in or near the car. This is a distinct and less serious offence than driving or attempting to drive while over the limit under section 5(1)(a).
Courts interpret being in charge broadly. You can be found in charge even if the engine was off and you were asleep. The key question is whether you had the ability to take control of the vehicle while still over the prescribed limit.
Penalties for Being Drunk in Charge
The maximum penalty for being drunk in charge is 3 months imprisonment, an unlimited fine and 10 penalty points on your driving licence. The court also has discretion to impose a driving disqualification, though this is not mandatory. A custodial sentence is uncommon for this offence unless there are serious aggravating factors.
Sentencing is guided by the Magistrates Court Sentencing Guidelines. The starting point depends on the level of the alcohol reading and any aggravating or mitigating factors. For lower readings, a fine and penalty points are the most likely outcome. Higher readings increase the risk of a driving ban.
A conviction for drunk in charge results in a criminal record and the endorsement code DR20 on your licence. The endorsement remains on your licence for 11 years from the date of conviction. Insurance premiums are also likely to increase significantly.
The No Likelihood of Driving Defence
Section 5(2) of the Road Traffic Act 1988 provides a statutory defence to a charge of being drunk in charge. You must prove on the balance of probabilities that there was no likelihood of you driving while still over the prescribed limit. The burden of proof is on you, not the prosecution.
The court will consider all the circumstances when assessing this defence. Relevant factors include where the vehicle keys were, the distance from the vehicle, whether alternative transport had been arranged, and the time at which you intended to drive. Evidence of a booked taxi, handing keys to a sober friend, or sleeping in the back seat can all support the defence.
This is a powerful defence that can result in a complete acquittal. However, it requires careful preparation and the right evidence. Courts are familiar with this defence and will scrutinise the claim closely. Expert legal assistance is strongly recommended.
When Does Drunk in Charge Apply?
Sleeping in Your Car
Falling asleep in your car after drinking is one of the most common situations leading to a drunk in charge charge. Police frequently encounter individuals sleeping in parked vehicles overnight, particularly near pubs and in car parks. You can be arrested even if the engine is off and you had no intention of driving.
Whether you have a defence depends on the specific circumstances. Sleeping in the back seat with the keys hidden or out of reach is stronger than sleeping in the driver seat with the keys in the ignition. The court will look at the totality of the evidence to assess whether there was any likelihood of you driving.
Sitting in the Driver Seat
Being found sitting in the driver seat while over the limit is a strong indicator that you are in charge of the vehicle. Even if the engine is not running, the court may infer that you intended to drive or were about to drive. This makes the no likelihood of driving defence harder to establish.
If you were sitting in the driver seat for warmth, shelter or to charge your phone, there may still be a viable defence. The key is to demonstrate that you had made a clear decision not to drive and had taken steps consistent with that decision, such as having a taxi booked or being collected later.
Having Your Keys
Possession of the vehicle keys is a significant factor in drunk in charge cases. The prosecution will argue that having the keys gives you the means and ability to drive. However, having keys alone does not automatically mean you are guilty.
If you can show that the keys were held for safekeeping, that someone else was designated to drive, or that you had no access to the vehicle at the relevant time, this can support the no likelihood of driving defence. Giving your keys to a sober companion before drinking is one of the strongest steps you can take.
How a Solicitor Can Help
A specialist motoring solicitor can assess the evidence and advise on whether the no likelihood of driving defence applies in your case. This defence requires careful presentation of evidence and legal argument. Without proper representation, defendants often fail to present the defence effectively.
Your solicitor can also negotiate with the prosecution on your behalf. In some cases, the Crown Prosecution Service may be willing to accept a basis of plea or reduce the charge if the evidence of being in charge is weak. Early legal advice can make a significant difference to the outcome.
Representation at the magistrates court hearing ensures that all relevant mitigation is put before the court. A solicitor can present your personal circumstances, employment situation and steps you have taken since the offence to achieve the best possible sentence if a conviction is unavoidable.