Drunk in Charge: What Does It Really Mean and How Can You Defend It?

It is an offence pursuant to Section 5(1)(b) of the Road Traffic Act 1988 to be in charge of a motor vehicle on a road or public place after consuming so much alcohol that the proportion of it in your breath exceeds the prescribed limit. This offence is more commonly known as “drunk in charge” of a motor vehicle. Unlike the offence of drink driving, there is no requirement of the prosecution to prove driving for defendant to be convicted of this offence. It is therefore important to consider what being “in charge” really means.

“In Charge”

There is no exact definition of what “in charge” means. Being “in charge” of a vehicle can encompass a variety of scenarios where a motorist is not driving a vehicle but remains in control of that vehicle.

As a starting point a person will remain in charge of a vehicle until they take positive steps to put somebody else in charge of it. In the case of DPP v Watkins [1989] QB 821 the following factors were deemed relevant when the court is tasked on deciding who was “in charge”:

• Whether and where the person was and how far they were from the vehicle.
• What the person was doing at the relevant time.
• Whether the person was in possession of a key that fits the ignition of the vehicle.
• Whether there is evidence of an intention to take or assert control of the vehicle by driving or otherwise.
• Whether any other person is in, at or near the vehicle and if so, the like particulars in respect of that person.

Therefore, subject to any satisfactory explanation, motorists found in a vehicle in possession of the keys to that vehicle are likely to be viewed as “in charge” of that vehicle.

What if I was not in the vehicle?

Not being in the vehicle does not automatically mean that you were not “in charge” of the vehicle. By way of example, a motorist may drive to the pub to have a couple of pints. When the motorist enters the pub, they do not automatically relinquish control of the vehicle simply because they have exited it and may still be found to be “in charge” of that vehicle. There are important factors the court would need to consider (as outlined above) including whether the motorist relinquished control of the vehicle to another person, or whether the motorist had no intention and there was no likelihood that they would drive whilst over the prescribed alcohol limit.

What if I was supervising a learner driver?

The courts have found that a supervisor of a learner driver (whether qualified or not) will be in normal circumstances “in charge” of the vehicle, as more than one person can be “in charge” of a vehicle at a time. It should be noted that given the statutory purpose of supervision, which is to enable the supervisor to take control if necessary, it would be difficult to establish the statutory defence that there was no likelihood of driving.

What defences can I raise?

There are a number of defences that can be raised in relation to being drunk in charge of a motor vehicle. These include, but are not limited to:

• The statutory defence found in section 5(2) of the Road Traffic Act 1988 of there being no likelihood of driving whilst over the prescribed alcohol limit.
• Procedural errors which may render the evidence inadmissible.
• That the offence did not occur on a “road” or “public place”.
• Challenges to the reliability of the evidential reading.
• In specific circumstances, the “hip-flask” defence contained within section 15(3) of the Road Traffic Offenders Act 1988 may be relevant.

How can Olliers help if I am charged with being drunk in charge?

If you are facing a drunk in charge allegation, time is critical. Early legal advice can make a significant difference to your case. Our expert motoring solicitors are here to help, offering confidential and professional legal support at every stage of your case. 

Contact our specialist motoring team by emailing info@olliers.com or by telephoning 01618341515 (Manchester) or 02038836790 (London).