Drunk in charge - excess alcohol
Drunk in charge - the offence
Were you looking for information about drink driving?
Being drunk in charge is a criminal offence. The police do not need to prove that you were driving or attempting to drive. In fact, drunk in charge is there to catch people who the police cannot prove were drink driving.
The police will need to breath test you to calculate the amount of alcohol in your body (note this is not the case when the police say you are unfit to be in charge of a motor vehicle.
The police will charge you with being drunk in charge if they cannot prove that you were about to drive, for example, if you are in the car with the keys but the engine is not switched on. People who decide to sleep off their drink in their cars are also often charged with being drunk in charge of a motor vehicle.
How we will win your drunk in charge trial
We use a thorough and detailed evidence analysis procedure to examine the case against you. This will throw up mistakes made by the prosecution and police that we can exploit to your advantage. When combined with your account our unique evidence analysis procedure forms the basis of our trial preparation that builds a formidable defence case for you.
We will advise you fully on the defences available to you and assist you in choosing the best defence for your case.
Call us now on 020 8242 4440 (lines open 24 hours) and discuss the defences available to you with one of our solicitors.
Sentence for being drunk in charge
The sentence
The maximum sentence is 3 months imprisonment, a driving ban and a fine of up to £2,500. If the court does not ban you from driving it is required to impose up to 10 penalty points on your driving licence. If your sentence leaves you with 12 or more points on your driving licence you will be banned under the totting up provisions. Please remember that there are different provisions for drivers with less than 2-years driving experience.
Escape the driving ban
The London Drink Driving Solicitor will minimise your sentence by helping you avoid the driving ban. We know what works and what doesn’t work to convince courts not to ban drivers and we can use that experience to help you.
Our unique evidence analysis procedure will highlight the special reasons for not banning you or imposing penalty points. We will give you the best chance of keeping your driving licence and getting the lowest possible sentence.
Call us now on 020 8242 4440 (lines open 24 hours) to discuss your options. Or you can send an email via our contact us page.
Recent cases
R v MU - MU was arrested for being drunk in charge of his car. When police found him he was sat in the driving seat with an open can of beer and the engine running. We successfully argued that there was no likelihood of him driving while he remained over the drink driving limit. We made representations to the prosecutor who was forced to concede that we were correct. As a result they discontinued the case against MU on the day of trial. The court ordered that the prosecution repay MU's legal costs.
R v PM – We represented PM who was accused of being drunk in charge of his car after being found asleep at the wheel. We put forward evidence to show he had been sleeping in the car and had no intention of driving it while he remained over the limit. At trial he was found not guilty. A Defence Costs Order was made in his favour allowing him to recover his legal costs.
R v GV - A lady accused of being drunk in charge was acquitted after we convinced the court that she had no intention of driving the car, despite her being sat in the driving seat with the engine running. We were able to show that she had been waiting to be picked up and thus there was no likelihood of her driving. Costs were awarded in the defendant’s favour.