Drunk in Charge of a Vehicle offence

Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of this offence, under S5 of the Road Traffic Act 1988, the prosecution must prove that, a defendant was over the legal limit, in charge of the vehicle and that the vehicle was not in a private place.

The decision to prosecute depends on the facts of each individual case, the common cases before the Court are where a Defendant has been found inside a motor vehicle over the prescribed alcohol limit.

Defences available for a drunk in charge allegation

If it was not your intention to drive the motor vehicle at the time you were over the legal limit, this would be a defence. The burden of proof would fall to the defence to prove you either had no intention to drive the vehicle or at the time you were planning to drive, you would have been under the legal limit.

There are other defences available such as the accuracy of the breath specimen and whether the police followed the correct procedure for obtaining the breath specimen.

Sentences for being drunk in charge of a motor vehicle

The Court can impose a range of sentences for being drunk in charge of a motor vehicle. The sentencing guidelines provide the Court with the sentencing ranges for the offence subject to the level of reading at the time of the offence.

The Court has the option to impose a range of sentences such as a community order, a custodial sentence or a financial penalty.

The Court must also endorse your licence with penalty points and may disqualify from driving. 

Why choose Johnson Astills?

Here at Johnson Astills we provide expert legal advice, should you find yourself charged with this offence. Our experts will assess the evidence against you with extensive knowledge of the law and experience in court proceedings, to provide you with expert advice.

Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day whether at the police station or at Court. If you need advice or assistance from the criminal department at Johnson Astills , please contact us on 0116 255 4855.

To discuss any offences please contact our Crime Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.