| 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.  |