If, however, you had, by your own means got into the car you would have been in charge and remain in charge. If somebody else had driven the vehicle, and has merely got out and left you in it, and you were not aware of this, you are not in charge. It depends on the circumstances leading up to it. It is for the Defendant to prove that there is no prospect of using the vehicle. There is no need for the prosecution to prove that a person was likely to drive whilst unfit or over the limit. In charge can include attempting to gain entry to the vehicle and failing, having keys to the vehicle, having intention to take control of the vehicle or even "being near the vehicle". Matters are more complicated where a person is sitting in the vehicle or "otherwise involved with it".
He is not in charge if it is being driven by another person or is "a great distance" from the vehicle. Generally, a Defendant is "in charge" if he was the owner/in possession of the vehicle or had recently driven it. There is no legal definition for the term "in charge" so each case will depend on its exact circumstances and facts. They only have a provisional licence can I be prosecuted? I had too much to drink so I asked someone else to drive me home. What if I fell asleep in the car or I was sitting in the back?Ĭan I be prosecuted if I am sitting in the passenger seat? What if I was in my car on my driveway having a cigarette trying to keep warm and I had no intention of driving? What is the legal definition of being in charge? In charge while unfit, in charge whilst under the influence of drink or drugs, In charge of a mechanically propelled vehicle while unfit through drink or drugs.ĭiscretionary driving ban of between 12-36 months, subject to possible 25% reduction for attending drink driving rehabilitation course. It is an offence for a person to be in charge of a mechanically propelled vehicle on a road or other public place while unfit through drink or drugs.ĭrunk in charge, being in charge of a vehicle whilst under the influence of alcohol, in charge of a motor vehicle with excess alcohol. It is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in his breath or in blood or urine as evidenced by a certificate of analysis or statement. In charge with excess alcohol/while unfit through drink or drugsįree Drink Driving Legal Advice, Help and FAQ for the UK Motorist In charge of a vehicle with excess alcohol or while unfit
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