Drunk in Charge

Penalties

The penalties for being drunk in charge of a motor vehicle are slightly different to those of drink driving in that disqualification is not mandatory.  They include:

• A fine;
• and Discretionary disqualification or
• 10 penalty points in exceptional cases

Defining Drunk in Charge

The words “in charge” are not legally defined so each case will depend on its own unique set of facts and circumstances.  Generally speaking, however, a person is “in charge” if they have some degree of control over the motor vehicle.  In assessing whether you are in control of the vehicle and if that amounts to being in charge the courts will consider all the circumstances including:

• Were you inside or outside the motor vehicle?
• If you were inside the vehicle, where were you sitting?
• What were you doing?
• Where were the keys to the vehicle?
• Any other evidence or circumstances which might show an intention to take control or drive the vehicle

Legal Limits for Alcohol

The offence is committed if a driver is “over the limit”.  In order to obtain a conviction for Drunk in Charge, the prosecution must, therefore, prove that the prescribed limit has been exceeded.  The amount of alcohol can be measured in breath, blood or urine. The prescribed limits are as follows:

• 35   microgrammes of alcohol in 100 ml of breath
• 80   milligrammes of alcohol in 100ml of blood
• 107 milligrammes of alcohol in 100ml of urine

Prosecuting Drunk in Charge Cases

To secure a conviction for being Drunk in Charge of a motor vehicle the prosecution must prove that:

• You were in charge of the vehicle at the relevant time; and
• You were over the legal limit for alcohol in either breath, blood or urine; and
• Your vehicle was on a road or public place or a place to which the public have access, such as a car park or camp site.

The prosecution do not have to prove that you had been driving or were attempting to drive.  Nor does the prosecution have to prove that you were going to drive.

Defences

The most common defence to someone charged with being Drunk in Charge is that there was no intention or likelihood of driving whist under the influence of alcohol. Accordingly, it will be necessary to demonstrate that the offender would not have driven the vehicle at any time while the alcohol in their system remained above the legal limit.

The onus is on the defence to prove, on the balance of probabilities, that there was no likelihood of driving while the proportion of alcohol exceeded the prescribed legal limit.  More often than not it will be necessary to obtain expert evidence, in the form of a toxicology report, to show when the level of alcohol would have fallen below the legal limit.

Another potential defence, which is quite common, is that the offence occurred on private property and not on a road or other public place.  Such a defence may be available if someone is sleeping off the effects of alcohol in a car which is parked on a private road or driveway to which the public do not have access.  Generally, a public place is any area to which the public have access without having to overcome physical obstacles such as gates or ignoring notices prohibiting entry.