The Law and Defences for Being in Charge of a Vehicle While Over the Prescribed Alcohol Limit (Drunk in Charge)

Being found drunk in charge of a vehicle is a serious offence under Section 5(1)(b) of the Road Traffic Act 1988. It occurs when someone is found in control of a vehicle while over the prescribed limit for alcohol, even if they are not driving.

The legal definition of "being in charge" of a vehicle can vary and often involves the police finding someone either sitting in the driver’s seat or near the vehicle with access to the keys. However, proving intent to drive is a crucial aspect of the case.

At Allen Hoole Solicitors, we have successfully defended numerous clients charged with this offence by demonstrating that they had no intent to drive. With our extensive experience and access to leading experts, we can help build a strong defence for those facing this charge. Legal representation is highly advised in these cases due to the complexity of the law and the technical defences available.

The Law: Drunk in Charge of a Vehicle

To be charged with this offence, the prosecution must prove that:

1. The defendant was over the legal limit: This means a blood alcohol concentration (BAC) of 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams of alcohol per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine.
2. The defendant was in charge of the vehicle: This does not necessarily mean that they were driving. They could be sitting in the driver’s seat or even near the vehicle, with the keys in their possession.

However, it is not enough for the prosecution to show that the defendant was over the limit and in charge of the vehicle. They must also prove that there was a likelihood that the person intended to drive while still over the prescribed limit.

Available Defences

At Allen Hoole Solicitors, our team has extensive experience in defending clients against drunk-in-charge allegations. Several defences can be raised to challenge these charges:

No Intent to Drive

One of the most common and effective defences is showing that there was no intention to drive while over the alcohol limit. If you can demonstrate to the court that you had no intention of driving until you were sober, you may avoid conviction. This may include evidence that you planned to sleep in your car until you were under the limit or that you had alternative plans for getting home. We have successfully argued this defence in many cases, ensuring that clients avoid penalties or disqualification.

Procedural Errors

The police and medical professionals must follow strict procedures when administering breath, blood, or urine tests. If there were errors in how the specimen was obtained, the test could be ruled inadmissible. For example, a failure to properly explain your rights or mishandling the sample can weaken the prosecution's case.

Technical Defences

There may be technical flaws in the evidence presented by the prosecution, such as issues with the calibration of the breathalyser or mistakes in the testing process. We work with leading toxicology experts who can assess whether the evidence was gathered and tested correctly.

Evidential Difficulties

We have also had cases dismissed due to evidential difficulties, where the prosecution could not provide sufficient proof that the defendant was in charge of the vehicle or intended to drive. For example, if the defendant was not in the driver’s seat and the keys were not immediately accessible, this can challenge the assumption that they were in charge of the vehicle.

Why Legal Representation is Crucial

Defending a drunk-in-charge case can be complex, and having expert legal representation is essential. At Allen Hoole Solicitors, we have successfully defended thousands of clients charged with this offence by closely scrutinising every aspect of the prosecution’s case, including procedural and evidential matters. Our experience in this area gives us the upper hand in understanding how to challenge the evidence and present a strong defence.

Additionally, our access to the best experts in toxicology and the use of intoxilyzer machines ensures that we can provide expert testimony to support your case. By working with forensic experts, we can challenge the accuracy of the breath or blood test results, which may lead to the dismissal of charges.

Why Choose Allen Hoole Solicitors?

As the largest criminal defence firm in the South West of England, Allen Hoole Solicitors has a dedicated team of solicitor advocates who specialise in motoring offences. Our size and experience allow us to offer top-tier representation and access to the best specialist barristers and forensic experts, giving us the advantage in these cases.

If you are facing charges of being drunk in charge of a vehicle, contact Allen Hoole Solicitors today. We are available to provide expert legal advice and represent you throughout the legal process, ensuring the best possible outcome for your case.