Many people are surprised to discover that they can be prosecuted for being ‘drunk in charge’ of a vehicle, even if they had no intention of driving. Simply sitting in the car to keep warm, collect belongings, or sleep after drinking can still lead to a charge.
A conviction can have serious consequences, including a driving disqualification, Community Order and in more serious cases, up to 12 weeks’ in prison. Even where a ban is avoided, the offence carries at least 10 penalty points, which can easily result in disqualification under the ‘totting-up’ rules unless an exceptional hardship argument succeeds.
If you would like to discuss any aspect of your case, please email us at [email protected] or contact us here. Alternatively, you can phone 0333 240 7373.
We have defended many clients accused of being drunk in charge, often succeeding by showing there was ‘no real likelihood’ of them driving while over the legal limit – a complete defence under section 5(2) of the Road Traffic Act 1988.
Effective preparation is key. We explore every possible line of defence, gather supporting evidence and witness statements, and instruct expert toxicologists to calculate how long it would have taken for alcohol to leave your system, strengthening your account.
On a clear fixed fee basis, we secure the court papers before the first hearing and provide clear, practical advice about the evidence, the process, and your prospects of success.
What is Drunk in Charge in Law?
It is an offence to be in charge of a motor vehicle on a road or public place while over the legal alcohol limit (35 micrograms of alcohol in 100 millilitres of breath, 80 milligrams in 100 millilitres of blood, or 107 milligrams in 100 millilitres of urine), as set out in section 5(1)(b) of the Road Traffic Act 1988.
‘In charge’ is not defined in the law but has been interpreted broadly by the courts. In practice, simply being inside the vehicle with access to the keys can be enough.
Defences – Not Guilty to Drunk in Charge
- Procedural or evidential issues: A possible defence if the breath-test procedure was conducted unlawfully, or the reliability of toxicology evidence can be challenged.
- No likelihood of driving: The most common defence is to show that there was no realistic prospect of driving while over the limit. Key aspects to consider:
- Defence evidence: messages or call logs, showing alternative plans, witness statements, and toxicology calculations showing how long it would have taken for alcohol levels to fall below the limit.
- Circumstantial evidence: how the car was parked, whether the engine was off, the distance to home, and any other details showing there was no genuine likelihood of driving.
- Cross-examination preparation: anticipate questions from the prosecutor designed to test the credibility of the account and prepare convincing answers.
Why Choose Reeds Solicitors
Reeds Solicitors is a nationally recognised firm specialising in motoring law. We are ranked as a Tier-1 firm in The Legal 500, reflecting our expertise in defending every type of road traffic allegation. We will always provide honest, clear advice based on what is in your best interests. Unlike many firms who operate in this area, we do not overpromise about what is possible.
If you are facing an allegation of being drunk in charge contact our specialist team at [email protected], via our online contact form, or call 0333 240 7373.
The court will assess the alcohol reading to find a starting point for sentence:
- 36–59 µg/100ml – 10 penalty points. A disqualification is not normally imposed.
- 60–89 µg/100ml – 10 points or a short discretionary disqualification. The court may impose a brief ban instead of points.
- 90–119 µg/100ml – Disqualification of up to 6 months. Custody is unlikely unless there are aggravating features.
- 120 µg/100ml or above – Disqualification between 6 and 12 months, with a risk of a custodial sentence of up to 12 weeks.
A conviction for being drunk in charge will normally result in a DR40 or DR50 endorsement on your licence, depending on the evidence relied upon by the prosecution. Each code carries 10 penalty points and remains on your driving record for four years. If you already have 3 or more active points, the total will breach the 12-point threshold for a mandatory ‘totting-up’ disqualification lasting six months.
Expert toxicology evidence is often crucial in defending a drunk in charge allegation. The central issue is usually whether you would have been under the legal limit at the time you intended to drive.
A forensic toxicologist analyses how alcohol levels in the body change over time – first rising during the ‘absorption phase’ and then falling during the ‘elimination phase’. The expert uses all available information, such as the time of your last drink, the volume and type of alcohol as well as your height and weight in order to estimate when you would have been under the legal limit.
Our team’s deep understanding of toxicology evidence means we know how to brief experts effectively, helping to produce reports that directly strengthen your defence and can significantly influence the court’s decision.
DPP v Watkins [1989] Q.B. 821– In this case, the defendant was sitting in a stationary vehicle which he did not own, and the engine was not running. He was found in possession of an ignition key for a different make of car, which could nevertheless be inserted into the ignition. The court held that, on the evidence, it was open to draw an inference that the defendant intended to take control of the vehicle by starting it, and that he was therefore ‘in charge’ of it within the meaning of the legislation.
CPS v Thompson [2007] 7 WLUK 370 – The defendant was found asleep in his van, and a breath test confirmed that he was over the alcohol limit. On appeal, the court held that the defendant’s stated intention not to drive while over the limit was not, by itself, a decisive factor. He had no evidence to show when he would have been below the legal limit. The case highlights that, in most situations, an expert toxicology report will be required to demonstrate how long it would have taken for alcohol levels to fall below the limit and to support an effective defence.
With over 20 offices across England and Wales, Reeds Solicitors can represent you wherever you are based. We have established offices in London, Reading, Oxford, Cardiff, Manchester and Bristol, supported by a wider network of regional offices.
We can offer both vertical or in person meetings, depending on preference.
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FAQ
Drink driving requires proof that you actually drove while over the alcohol limit. Drunk in charge only requires that you were in control of a vehicle while over the limit, even if you had not driven.
If you are accused of driving while over the limit, see our Drink Driving Solicitors page for detailed guidance on that separate offence.
Yes, you can still be charged with being drunk in charge of a vehicle, even if you were asleep at the time. Being ‘in charge’ is interpreted broadly – so simply being in the vehicle in possession of the keys is enough. You have a complete defence to the charge, if you can prove, on the balance of probabilities, that there was no likelihood of you driving the car whilst over the limit. A key factor is when you would have become sober and the credibility of your plans.
If you are convicted of being drunk in charge of a vehicle, the court can impose any of the following penalties, depending on the seriousness of the case:
- Prison sentence – up to 3 months’ in custody.
- Fine – up to £2,500 (Level 4 on the standard scale).
- Community order – such as unpaid work, a curfew, or a rehabilitation activity requirement.
- Points or ban – either 10 penalty points or a discretionary driving disqualification, usually between 6 and 12 months.
The exact sentence will depend on your level of intoxication and any aggravating or mitigating circumstances.
Yes, under section 5(2) of the Road Traffic Act 1988, it is a complete defence to show that there was no likelihood of you driving while over the limit. The court will consider when you would have been under the limit, and what arrangements you had made for getting home or using the vehicle later.