Drunk in Charge of a Vehicle

Being drunk in charge of a vehicle is a serious offence with potentially severe legal consequences.

The penalties for being intoxicated while in control of a vehicle differ somewhat from those for driving under the influence. Upon conviction, the individual is not guaranteed a 12-month driving ban. Alternatively, a fine may be charged and possibly:

• Ten penalty points
• A driving ban
• A potential community order
• A custodial sentence

Being Drunk in Charge of a Vehicle is Not Necessarily the Same as Drink Driving

A driver is deemed ‘in charge’ of a vehicle not only when they are driving but also when they possess the capability to control the vehicle’s use. This definition is often subjective and depends on the specific details of each case.

For example, if someone is inside a vehicle with the keys, they might be considered ‘in charge.’ Yet, determining factors include where that person was located within the vehicle, the placement of the keys, the state of the vehicle’s engine, and the person’s intent.

Factors critical in assessing whether you were ‘in charge’ of a vehicle include:

• Your presence in the vehicle
• The location of the keys
• Your actions at the time
• Any intention to drive the vehicle

The courts will examine all relevant circumstances to conclude whether an individual was ‘in charge’ of a vehicle at a given time.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Being Drunk in Charge of a Vehicle & The Intention to Drive

Safe driving is all about staying alert, thinking clearly, and reacting to potential hazards immediately. However, drinking alcohol can cause symptoms such as slurred speech, lack of coordination or balance, blurred vision, nausea, vomiting, loss of consciousness, impaired thinking and judgment, and emotional reactivity.

Demonstrating the intention to drive while under the influence is often determined by examining the evidence at hand. As shown above, an individual may be considered to have shown intent to drive if they are intoxicated and found inside the vehicle with the keys, even if they are not situated in the driver’s seat.

Evidence indicating an intent to drive can include situations such as the vehicle’s engine being on, keys placed in the ignition, the person located in the driver’s seat, or the person expressing a plan to drive. The vehicle’s position and circumstances are also considered, such as if it’s parked indicating likely use soon, or situated in a pub car park during the late hours.

It’s crucial to understand that for a charge of being ‘drunk in charge’ of a vehicle, actual intent to drive while impaired by alcohol isn’t a necessity. Simply being in control of a vehicle when above the legal alcohol limit can lead to a conviction, regardless of the presence or absence of any driving intent.

What Factors Influence Your Penalty?

If you have been or are facing being convicted of being drunk while in charge of a vehicle then there are various factors which could influence the severity of your penalty. These include:

• Number of offences – If you have previously been convicted for another driving offence, the judge may be more likely to hand down a harsher sentence. This is because they have seen that previous attempts at rehabilitation haven’t worked for you and so feel that prison time might be a better option.
• Genuine remorse – If the court feels that you are sincerely remorseful about what has happened, this will show them that there wasn’t any intentionality behind your actions. Depending on the other factors involved, the court may be more willing to give you another chance.
• Level of alcohol present in blood or breath analysis reading – The higher the level when you are tested after your arrest, the more likelihood of a harsher sentence. .
• Seriousness of harm caused– If there was any form of injury or death involved then this will obviously increase the likelihood of going to prison than if there was only damage or disorder caused. The judge may decide that even though you did not intend to harm anybody, that was ultimately the result of your actions. In this case, they will need to take into account the justice that the victim deserves when deciding on your sentence.
  

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  Contact Caddick Davies Solicitors today

  Send us a message or call us on 0333 443 2366 for friendly advice

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With all of the above factors involved, penalties vary from case to case. However, the recommended sentencing guidelines for the offence of driving with excess alcohol in England and Wales are:

• Less than 35 micrograms of alcohol in breath – Band C fine (up to £500) or disqualification from driving for up to 56 days.
• More than 35mcg but not more than 80mcg – Band B fine (up to £1000) or imprisonment up to six months, a discretionary ban, extended re-test.
• More than 80mcg but not more than 112mcg – Band A fine (up to £2500), automatic licence endorsement for at least three years, minimum one year sentence if you cause death by dangerous driving while over this limit. You will be disqualified from holding a driving licence continuously for at least two years.
• More than 112mcg – Band A fine (up to £2500), imprisonment for at least seven days, extended re-test.
• Over 400mcg – Automatic licence endorsement for at least three years, a minimum two year sentence if you cause death by dangerous driving while over this limit. You will be disqualified from holding a driving licence continuously for at least four years.

Why You Need a Solicitor

If you are charged with drink driving, the first thing that you need to do is hire a solicitor with extensive experience in representing clients with drink driving charges. There are various reasons why you need to contact us:

• We are equipped with the necessary knowledge and skills that will enable us to represent you in court. Our solicitors have legal training which gives them insights into how the law works, what evidence is required for a conviction and other such information needed to successfully defend someone charged with drink driving in court.
• We will be able to take over the emotional burden of your case. Any potential drink related charges are usually very stressful and emotional but your assigned solicitor will know how to put you more at ease, which will then enable them to get the best out of you during a potential trial.
• Your solicitor will help you to get the best possible sentencing outcome. If you are a first time offender, they may even be able to get the charges reduced or dismissed. They can also negotiate with the prosecution team for lesser penalties such as community service in lieu of jail time, or a fine instead of a licence suspension.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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