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What if you're caught in charge of your motor vehicle whilst over the prescribed limit?

View profile for Olivia Peck
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With restrictions lifting there is an increase in drink driving offences, not only can you find yourself arrested for an offence of driving a motor vehicle whilst over the prescribed limited but also if you are found to be drunk in charge of a motor vehicle.

Now that restrictions have been lifted in England, you can now return to the pub for your weekend drinks. However should you have one too many and find yourself in charge of your motor vehicle, the police could arrest you.

What does drunk in charge mean?

The offence is committed if “a person is in charge of any motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit they are guilty of an offence”.

The decision to prosecute depends on the facts of each individual case, the common cases before the Court are where a Defendant has been found inside a motor vehicle over the prescribed alcohol limit. For the Defendant to be guilty of the offence, they must have been in control of the vehicle and had an intention to drive the vehicle whilst over the drink drive limit.

What defences are available to a charge of being drunk in charge?

Where a defendant can prove that they had no intention of driving the vehicle while over the legal limit to drive then they will have established a defence to the charge. Such a defence may involve instructing an expert witness to confirm whether, on the instructions you give, you would have been under the legal limit when you planned to drive.

What sentence can you get for being drunk in charge?

The offence of being drunk in charge of a motor vehicle can lead to prosecution resulting in a fine or a custodial sentence of up to 3 months, endorsement of 10 points or disqualification from driving.

How can we help?

Here at Johnson Astills we provide expert legal advice, should you find yourself charged with this offence please contact our offices who will be able to advise you further.

Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day whether at the police station or at Court. If you need advice or assistance from the criminal department at Johnson Astills , please contact us on 0116 255 4855.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.