Drunk in Charge of a Motor Vehicle Defence Lawyers

Being drunk in charge of a motor vehicle is a motoring offence which comes with severe consequences, including fines, points on your licence, potential disqualification from driving, and possibly even imprisonment for up to 6 months.

If you or someone you know face accusations of being drunk in charge of a vehicle, you need expert legal advice as a matter of urgency. Draycott Browne Solicitors are here to help; we have extensive experience in defending motoring offences, in particular the complicated aspects of the charge of being drunk in charge.  Speak to us today so that we can advise and work with you to create a robust defence, giving you the best chance of safeguarding your freedom against the allegations you face. 

What is being drunk in charge of a motor vehicle?

The charge of being drunk in charge is different to the charge of drunk driving; drunk driving refers specifically to operating a vehicle whilst over the legal alcohol limit. To be charged with being drunk in charge, you must:

• Be in a public place
• Be shown to be over the legal alcohol limit (over 35mg alcohol per 100 millilitres of breath in the UK)
• Be in charge of a vehicle

The first two points, legally, are usually straightforward enough to prove, but there can be much left to interpretation when it comes to the third. Legally, if a person has the ability to control a vehicle, they can be considered in charge of it, but “being in charge of a vehicle” can hinge on many things. For instance, details such as where the keys to the vehicle were, whether or not you were in the vehicle, what you were doing at the time of arrest, and whether the police had any reason to think that you might be intending to operate or drive the vehicle will be used to determine whether or not you would be considered to be in charge, or had intent to drive.  If you had levels of alcohol in your system that were over the legal limit and were found to be sitting in the driver’s seat of a car, in a vehicle with the keys in the ignition, or with the engine running, you might be considered to be drunk in charge, and may be charged with the offence, whether or not you actually had any intention of driving. 

How is a drunk in charge offence defended?

When it comes to defending a charge of being drunk in charge, the best defence strategy will depend on the circumstances of your case. If there is a way to prove that the charges against you are unfair, we at Draycott Browne will work with you to challenge that charge. Often, people are charged for sleeping in their cars, or returning to their cars to collect belongings, when over the legal limit, even though they had no intention of driving the vehicle. Where we have evidence, we will fight to show that your intention was not to drive.

There are many factors to consider if you have been accused of being drunk in charge, and most cases will hang on your ability to demonstrate that your intention was not to drive. No likelihood of driving is the main defence used against charges of being drunk in charge, and where it can be demonstrated, your chances of avoiding prosecution improve dramatically. We also see cases where there have been procedural errors, where the police have not followed the correct legal procedures when taking samples or making an arrest, or where the reliability of the breathalyser or other equipment used to take your alcohol measurements is called into question.

If you feel that you have been charged with being drunk in charge of a vehicle and you wish to challenge the charge, or you need advice on the best course of action to take, whatever the circumstances, our legal team are here for you. We will meticulously examine all of the available evidence and will work to construct a compelling defence strategy on your behalf.

Penalties for drunk in charge offences

The penalties for being convicted of being drunk in charge of a motor vehicle will depend on the specific instances of your case, but it is a serious charge and the consequences vary accordingly. You could face a fine of up to £5000, 10 penalty points on your licence and a discretionary qualification from driving for up to 12 months. In addition, you may receive a community order that requires you to carry out unpaid work, and if you already have points on your licence from previous driving offences, you could find yourself disqualified under the totting-up procedure.

The consequences of these penalties may impact your ability to earn a living, particularly if you need a driving licence as part of the conditions of your employment. This can incur loss of earnings and profoundly impact your quality of life, and any financial dependents who count on your earnings.

New drivers who are given more than six penalty points within two years will find their licence revoked – to get it back will involve taking both parts of the exam again (practical and theory), with all the associated costs of doing so. And of course, any points or convictions will cause your insurance premiums to rise, incurring yet more costs.

As a result – if you find yourself facing charges of this nature, it is absolutely imperative to get the right advice in order to minimise the potential impact upon you and your livelihood. If you are worried about the potential consequences of a charge of being drunk in charge of a motor vehicle, contact one of our motoring defence solicitors. We’ll listen to you, explain what the consequences might be and find the best way of mitigating them based on the available evidence.

Why choose Draycott Browne?

At Draycott Browne, our motoring defence solicitors have an outstanding reputation for our knowledge, professionalism and tenacity.  When you reach out to our legal team, we're here to listen, ensuring that we fully understand your situation. We'll give you straightforward advice, discuss potential outcomes, and explain how we can best help you; our commitment is to keep communication clear, making sure you always understand what’s happening at every stage.

We'll walk you through the process, from your first consultation with us (which comes with no obligations) to representing you in court. We understand how serious the consequences can be for a drink driving offence and the impact on multiple areas of your life, and we’re dedicated to providing outstanding legal support, enforcing your rights and aiming for the best possible outcome for you.