Drunk/drug in charge

In Charge of A Vehicle With Excess Alcohol or Drugs

Auriga Advocates are specialist solicitors in offences of being in charge of a vehicle with excess alcohol or drugs. If you are facing an offence when you were not driving your car, you will be wondering if you have a defence! Well, we are here to help you defend your licence. So put your mind at rest by speaking to one of our drink/drug drive specialist solicitors.

If you have been approached by the police when you are not driving your car you will be confused and probably upset at having to provide a roadside sample for alcohol or drugs and if, positive a further specimen at the police station, after all you were not driving why should you be charged with anything?

The answer is that it is an offence to be in charge of a vehicle with alcohol or drugs above the prescribed limit. This is to prevent drivers who, are not actually driving but may be inclined to try drive whilst they are above the limit, giving into temptation.

However, if you are charged with an offence of being in charge all is not lost as there are specific statutory defences to this offence and even if convicted it will not necessarily result in a ban.

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Being charge of a vehicle with excess alcohol/excess drugs

We have a lot of clients who are arrested whilst sleeping it off in their car after a night out. In these cases they are usually charged with an offence of being in charge with excess alcohol/drugs if you provide a specimen for analysis which is over the limit.

It can seem very unfair and many people do not realise it is an offence. However, the penalty for being in charge is not as severe as an offence of drink/drug driving.

There is no prescriptive definition of being in charge but it will apply if you are the owner/in possession of the vehicle or have recently driven it. If you have an opportunity to take control of the vehicle and driver it. So it could apply, inter alia, where

  • You are asleep in the car in possession of the keys or close to the keys
  • In the car listening to music in possession of the keys or close to the keys
  • Stood near to the car ( that could be several metres) in possession of the keys or close to the keys
You may possibly get banned from driving as the court have a discretion to impose a disqualification.

The sentence if convicted of being in charge of a vehicle with excess alcohol is up to 3 mths imprisonment, £2,500 fine , a discretionary disqualification and if not impose 10 penalty points.

To get the best possible result for you and to find out if you may be disqualified you should speak to one of our specialist solicitors.

  • You can still be held to be in charge of a vehicle even if you are not in it.
  • You will be held to be in charge if you are close to your vehicle and have the keys.
  • If you are in your car but not driving you will still be held to be in charge.

The police are entitled to request a roadside breath test and a specimen for analysis and if you fail to co-operative even if you think you are in the right you will face an offence of failing to provide so it is imperative that you co-operate as politely as possible with the police to ensure you avoid further offences and are processed quickly through the police station.

  • We can help to alleviate all the worry and anxiety that facing an offence of being in charge with excess alcohol can cause by giving free initial advice.
  • We can support you even before you are charged by providing representation at a police interview. Click HERE for more information about police station interviews. We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
  • We will keep you informed every step of the way.
  • We will answer all of your questions and concerns.
  • We ensure that you get the best representation in court because we only used advocates we know and trust.
  • If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert representation to secure the best result possible
  • We will listen and support you all the way without extra charge
  • We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.

Yes you do.

There is a statutory defence under S4(3) Road Traffic Act 1998 that you will not be guilty if you can prove that at the material time, the circumstances were such that there was no likelihood of his driving whilst unfit to drive through drink or drugs.

The offence must be committed on a road or public place so if the location is private there is no offence.

And, of course, if you can establish that you were not in charge ie you didn’t have the keys or access to the vehicle or could not otherwise have gained access to the vehicle sufficiently to take control.