Drunk in Charge
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
- Mon – Fri: 09:00am – 17:00pm
There is a statutory defence to this crime in that there is “no likelihood of you driving”. This means that you require to prove to the court that there was no intention of driving the vehicle.
Road Traffic Act 1988 Section 5.1A: Driving when under the influence of drink or drugs
Penalty: a discretionary sentence of 3 months minimum disqualification, a fine and a minimum endorsement of 10 points on the licence.
If a client is charged with S5(1)[b] Road Traffic Act 1988 then he has been accused of being drunk in charge of his motor vehicle.
If you are caught in a motor vehicle whilst over the legal limit the crown can try and prove that you are drunk in charge.
Our goal is to try and resolve these matters as painlessly as possible. A recent client returned to his car to retrieve his mobile phone and was charged with being drunk in charge of a motor vehicle, but was acquitted after trial.
What does "drunk in charge" mean in Scottish law?
It refers to being over the alcohol limit while having control of a vehicle, even without driving.
What are the penalties for being drunk in charge of a vehicle?
Penalties include fines, 10 penalty points, a driving ban, or up to 3 months in prison.
Can you be charged for being drunk in a parked car?
Yes, if it is believed you intended to drive or had access to the car keys.
What factors determine a "likelihood of driving"?
Factors include location of the car, possession of keys, and proximity to driving time.
Is there a defence for being drunk in charge of a vehicle?
Yes, proving no intention to drive (e.g., keys were stored away) is a valid defence.
How is "drunk in charge" different from drink driving?
Drink driving involves actively operating a vehicle; drunk in charge involves intent or control without actual driving.
Can I lose my licence for a drunk in charge offence?
Yes, depending on the severity, you could face a driving ban.
What happens if I refuse a breath or blood test?
Refusal leads to penalties similar to those for drink driving, including fines and bans.
Can I avoid penalty points for drunk in charge?
If you successfully defend your case and are found not guilty, you may avoid penalty points.
Does being drunk in charge impact my car insurance?
Yes, it typically results in significantly higher premiums.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
