Services

Home / Services / Road Traffic Offences / In Charge of a Motor Vehicle With Excess Alcohol

In charge of a Motor Vehicle with Excess Alcohol

If you have been charged with being in charge of a motor vehicle with excess alcohol, you could face disqualification from driving or ten points on your licence. You could also receive a fine of up to £2,500 and up to three months in prison. This could also affect your job and issues such as obtaining a visa.

Being in charge of a motor vehicle while above the legal limit for alcohol or unfit through drink is a different offence to driving while over the legal limit for alcohol and is generally used by the prosecution when it is not possible to prove that the vehicle was being driven.

Our solicitors have extensive experience in defending clients charged with being in charge of a motor vehicle with excess alcohol in their breath, blood or urine. We know how important it can be to avoid conviction, particularly if your licence or your job are at risk.

We will establish the facts and discuss the best approach with you. We can work to provide you with the strongest possible defence or, should you decide to plead guilty, put forward any special reasons that might reduce the sentence.

Our expertise in dealing with a charge of being in charge of a motor vehicle with excess alcohol includes:

  • Establishing the facts of the case
  • Advising you of the strengths and weaknesses of your case and the options open to you
  • Providing a robust defence and expert representation in court
  • Appealing a conviction for being in charge of a motor vehicle with excess alcohol

Get in touch with our in charge of a motor vehicle with excess alcohol solicitors

Our solicitors have over 25 years’ experience in dealing with criminal defence. If you are facing an allegation of being drunk in charge of a vehicle, we can provide the advice and representation you need.

Call 020 8309 5010  |  Ask us a Question |  Email us

Navigating this page

What is the penalty for drunk in charge of a vehicle?

The penalty will depend on the seriousness of the offence. For the highest level of alcohol in the system, you could face a fine of up to £2,500 and/or up to three months in prison. You will also be disqualified from driving for six to twelve months.

For lower levels of alcohol, the sentence is likely to be less but the minimum you will receive is ten points on your licence plus a fine.

What does drunk in charge of a vehicle mean?

You will be over the limit if you have over 35 micrograms of alcohol per 100 millilitres of breath or over 80 milligrams of alcohol per 100 millilitres of blood or over 107 milligrams of alcohol per 100 millilitres of urine.

The definition of being ‘in charge of a vehicle’ is less easy to define. Points that the court will look at include:

  • Whether you were in the vehicle
  • How long you were in the vehicle for
  • Whether you had the key to the car
  • Where the key was
  • What you were doing in the vehicle
  • What evidence there was that you were in control or intended to take control of the vehicle
  • Whether any person was in or near the vehicle

What is the defence for drunk in charge of motor vehicle?

If you own the vehicle or were lawfully in possession of it, including driving it recently, you will generally be considered to be in charge of it unless you can show that you had handed control to someone else.

It is a defence to show that you no longer had control and that there was no real chance of you taking back control. It will be for you to show that you did not intend to drive.

We will identify any evidence that could support your case, to include speaking to those you were with. We will also look at the way in which your arrest, alcohol testing and charge were carried out to check that they were procedurally correct. If they were not, we may be able to request that the case against you is dropped.

Can passengers drink alcohol in a car?

There is no law preventing passengers from drinking alcohol in a car, but they should not distract the driver. If the passenger is supervising a learner, then they must be under the drink drive limit and be focused on the learner and not distracted.

Is it illegal to drink in a parked car?

While it is not illegal to drink in a parked car, if you are over the limit or you become over the limit, you could be convicted of being drunk in charge of a vehicle so you should not take the risk.

Similarly, you could be charged if you are drunk in charge while stationary and asleep as the prosecution is likely to find that you had control of the vehicle.

How our solicitors for being in charge of a motor vehicle with excess alcohol can help

Establishing the facts of the case

Because it is for the defence to prove that you had no intention of driving, establishing the facts of the case is crucial. We will discuss with you exactly what happened, including issues such as why you got into the car, where your keys were, where in the car you were, what you were doing and what witnesses there are to the incident.

We can take witness statements to support your case from anyone who can help establish that you had no intention of driving.

Advising you of the strengths and weaknesses of your case and the options open to you

We will give you an honest assessment of your case and what the outcome at court might be. If you decide to plead guilty, we can ask the court for a reduction in your punishment. It may also be possible to attend a drink driving awareness course for a further reduction.

In some circumstances, there may be special reasons for having committed the offence, for example, if your drink was spiked without your knowledge, and the court can be asked to take this into account when considering sentencing.

Providing a robust defence and expert representation in court

We have many years of experience in defending charges of being drunk in charge of a motor vehicle and a proven track record of success.

Our exceptional attention to detail and determination in demonstrating that you did not intend to drive will give you the best possible chance of securing a not guilty verdict.

Appealing a conviction for being in charge of a motor vehicle with excess alcohol

We also deal with appeals against conviction for being drunk in charge of a motor vehicle. If you have received a conviction, you are strongly advised to contact an expert drunk in charge solicitor as a matter of urgency as there are strict time limits in which your appeal must be started. You will usually only have 21 days in which to lodge an appeal, but if this time has already elapsed, we may be able to appeal out of time.

If you ask us to help you, we will go through the circumstances of your case and identify any potential grounds of appeal. We can also request that your sentence be suspending pending the appeal, which means that, should you have been disqualified, this could be delayed while your appeal is dealt with.

Get in touch with our in charge of a motor vehicle with excess alcohol solicitors

Our solicitors have over 25 years’ experience in dealing with criminal defence. If you are facing an allegation of being drunk in charge of a vehicle, we can provide the advice and representation you need.

Call 020 8309 5010  |  Ask us a Question |  Email us