Drunk in Charge of a Motor Vehicle

Drunk in charge is an offence under Section 4(2) of the Road Traffic Act 1988. It applies when you’re in charge of a motor vehicle on a road or public place while over the legal alcohol limit, even if you weren’t actually driving. Unlike drink driving, you don’t need to be moving or even have the engine running; simply being “in charge” of the vehicle while over the limit is enough. This offence exists to prevent people from putting themselves in a position where they might drive while intoxicated.

There’s no single legal definition and courts consider each case individually. Relevant factors include your proximity to the vehicle, whether you had the keys, whether you were in the vehicle, what you were doing at the time and any evidence suggesting you intended to drive. You don’t need to be in the driver’s seat or have the engine running. Being in the back seat with keys in your pocket could be enough. However, simply being near your car doesn’t automatically make you “in charge.”

The law provides a specific defence under Section 4(3) of the Road Traffic Act 1988: you’re not guilty if you can prove there was no likelihood of you driving while still over the limit. To succeed, you need to show that you had no intention of driving until you were sober, and the circumstances support this. Evidence might include having arranged alternative transport, having given your keys to someone else, being a significant distance from your destination, or having settled down to sleep for the night.

Potentially, yes. Sleeping in your car while over the limit can result in prosecution if police consider you were “in charge” of the vehicle. Having the keys with you, being in the driver’s seat, or having the engine running for warmth all make prosecution more likely. However, sleeping in the car may also support the statutory defence if you can show you had no intention of driving until sober and had settled down for the night.

Not automatically, but it’s relevant to the statutory defence. Getting into your car to keep warm, sleep off the alcohol or shelter from weather shows you weren’t intending to drive. But, you still need to prove there was no likelihood of you driving while over the limit. You’d need to show you had taken steps to ensure you wouldn’t drive: arranging a lift for later, putting keys out of reach and settling down to sleep properly.

Drunk in charge carries up to 3 months’ imprisonment, an unlimited fine and either 10 penalty points or a discretionary driving ban. Unlike drink driving, there’s no mandatory minimum disqualification. The court can choose to impose points instead of a ban. In practice, custody is rare for drunk in charge without aggravating factors. Most cases result in a fine and either points or a short ban.