Drunk in charge

What does being drunk in charge mean?

Being drunk in charge of a motor vehicle is a type of drink driving offence, albeit to be convicted you must be in charge of the vehicle not driving it.

As with normal drink driving offences, there are two types of drunk in charge offence. First, you can be in charge with excess alcohol. This means that you will have had your breath, blood or urine tested for alcohol and it will have been found to have a higher concretion of alcohol than is allowed by law.

The other type of being drunk in charge is where you are unfit to be in charge of a motor vehicle. You can be unfit either because of alcohol or drugs and it makes no difference whether the drugs are prescription, non-prescription or recreational (whether legal or not). This means that you can be convicted of a drink driving offence while not driving and sober!

To prove the case against you the police must prove two things. First that you were unfit or over the limit and that you were in charge. The prosecution do not need to prove that you were likely to drive the vehicle; however, if you were not likely to drive then you will have a defence.

Being drunk in charge whether with excess alcohol or while unfit will result in at least 10 penalty points on your driving licence, although the court could impose an immediate driving ban and even up to three-months imprisonment in serious cases.

The London Drink Driving Solicitor can help you by minimising the sentence you receive if you intend to plead guilty or by fighting the allegation to help you win the trial.

Winning your case

Choosing the right solicitor is important. You need to have confidence that the person and firm you chose has the experience, skills and expertise to win your trial for you.

At The London Drink Driving Solicitor we approach each case in the same way using a methodical and well-practised case analysis protocol that ensures that every aspect of a case is fully examined and nothing is missed.

We begin by considering whether you should be prosecuted at all. We will use our in-depth knowledge of the prosecutions procedures to argue that the prosecution lacks evidence or is not in the public interest with the aim of having the case dropped before trial.

In cases where you are going to trial for being drunk in charge the first thing your solicitor should be considering is whether you were in charge of the vehicle or not. There is a perception that if you are in a car with keys then you are guilty. This is not correct and there is a great deal of scope for arguing whether somebody is actually "in charge" of the vehicle or not.

The next step is to consider whether you can avail yourself of the defence that there was no likelihood of you driving the vehicle. The prosecution are not fools and have a number of well-practised responses to this defence, which is why it is very important to instruct a solicitor who has experience of drink driving trials to prepare your case for you.

We can help you win your case. Call one of our friendly and experienced solicitors today on 020 8242 4440 or send us a message on our contact page.