It is not only physically driving a vehicle that can get you in trouble with the law, as there is also an offence called \’drunk in charge\’.
UK law states that it is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in their breath, blood or urine, but the in-charge is a more complex area where people run into difficulty, as there is no legal definition for this.
As a rule of thumb you are said to be in charge if are the owner of the vehicle, are in possession of the vehicle or have driven the vehicle recently, but in cases of drunk in charge, each case is dependent on its related information and facts .On the whole, you are not classed as in charge of the vehicle if you are a at a distance from the vehicle or if you are a passenger and the driver has a full license and is under the legal drink drive limit.
For example if a motorist was sat in the passenger seat, whilst a friend with a full driving licence drove them and their car home then this would not be drunk in charge as there is clearly no intention to drive. However if someone was over the legal limit and attempting to move their car from blocking a driveway then this would be classed as drunk in charge.
The maxing penalties for conviction of drunk driving are a fine of 2500, a 3 month prison sentence and/ or 10 penalty points on the license, and it is the job of the defendant and team to prove they were not intending to drive rather than the responsibility of the prosecutor to prove they were.
The methods and evidence employed to prove a motorist was not intending to drive are varied, but may include someone testifying that they instead were planning to drive the car, a phone call to prove a taxi was booked, or medical evidence to show how much time would have elapsed before the defendant\’s alcohol level to come within the limit.
Looking for more information on motoring offences, then visit www.oliverandco.co.uk to find the best advice on drink driving solicitors for you.
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