Ducati Sporting Club UK > General > Idle Chat > Drunk in charge?

[Murray Mint]

Just trying to get an answer to the question "can I get charged with drinking and driving if I sleep in my car after a good night out?" I think that you can but my young step son thinks that it's OK if the keys are not in the ignition.

[antonye]

I think the answer is about being drunk in charge of the *keys* to the vehicle rather than the vehicle itself, if you see what I mean.
If you have the capability to start/drive the car (ie the keys) then you are "in charge" of that vehicle and can be nicked for it.
Personally, I would explain it from the point of view of the morning after; he's very likely to still be over the limit even if he feels fine, so could still get stopped and fined/banned.
Have a Google as I'm sure there will be real examples.

[AJS]

Tell him not to do it, he can definately get arrested and charged, as below-

Section 5 of the Road Traffic Act 1988 provides the offences of a person driving or attempting to drive or being in charge of a motor vehicle on a road or public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit. It states:

5(1) If a person -

(a) drives or attempts to drive a motor vehicle on a road or other public place, OR
(b) is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence .

STATUTORY DEFENCE - IN CHARGE
5(2) It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit .

Important: In the case of Sheldrake v DPP [2004] UKHL 43 the Court stated that in the light of the Human Rights Act 1998 this defence must be given the following meaning:

It is a defence for a person charged with this offence to demonstrate from the evidence an arguable case that at the time he was alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving the vehicle while the proportion of alcohol in his breath blood or urine remained likely to exceed the prescribed limit.

It is not sufficient for the accused to show that, at the time of his arrest, he was so hopelessly drunk as to be incapable of driving a motor vehicle; he must show, for example, that he had handed the keys of the vehicle to someone else or that, realising that he was adversely affected by drink, he had taken a room for the night.

[twpd]

That would be an interesting conundrum if one were to sleep in a motorhome/camper van.

[AJS]

I have had that conversation with an officer because I used to use a camper van at race meetings etc.
I think the Statutory Defence would come in to play in that situation.

[749er]

Originally Posted by AJS

I have had that conversation with an officer because I used to use a camper van at race meetings etc.
I think the Statutory Defence would come in to play in that situation.

I have no idea what tha statutory defence is but the answer is you will get done for it, without question.

A mate of mine is a mechanic. He was on a night out when a mate of his with a 911 asked him to help get his car started as he had broken down. So there is Dave working away between engine and drivers seat trying to get it started. Some passers by thought he was trying to steal it and they called the police. They turn up, and nick him. He was way over the limit and the courts have no option but to issue a ban. There is no way of pleading your way out of it. The fact that the car would not start and could not be driven was immaterial,pretty much. the only effect that had was that he got 12months ban when really he should have had a lot more given the amount of alcohol that was in his blood. So there he was a self employed mechanic who could not test drive cars.

He got his license back after 9 months as he did one of the alcohol awareness courses.

His mate gave him a very nice 1967 beetle to say sorry.

No idea how it works with campers but cant see it being any different. I believe the "key" thing is to make sure the keys are no where near your possesion when near the vehicle