Do you want to talk to the Drink Driving Solicitors who from 1^st January 2021 until 31^st December 2025…

Breath Drink Driving Cases Achieved Not Guilty verdicts for 87% of Clients^†

Blood Drink Driving Cases won 94%

Drug Driving Sample Cases won 98%

Urine Drink Driving Cases won 100% since 2018

Failing to Provide a Specimen Cases won 91%
*( 80% in 2025 where an attempt was made )

AND won 92% of our Alcohol and Drug related cases overall!

Call Us Now on Freephone

You may think that “sleeping it off” in your car is a perfectly legal thing to do but you could face a serious prosecution of being drunk in charge of a motor vehicle. The good news is that the drunk in charge offence is not as serious as the related offence of drink driving and there is no mandatory 12 month ban although a ban it’s not out of the question for this offence. There is a fairly significant mandatory minimum penalty of 10 penalty points which, if convicted, could lead you to being banned under the “totting up” procedures if you have 3 points or more already on your licence.

To secure a conviction for being drunk in charge, the Crown must prove that you were in charge of a motor vehicle in a public place whilst unfit or over the prescribed limit of alcohol. Please contact our drink driving solicitors for free initial advice on Freephone 0800 1389 123 or request a free call back below.

Drunk in charge of a motor vehicle UK

When determining whether you were drunk in charge of the vehicle the Court will take into account the following issues:

Being asleep at the wheel of a car with the key in the ignition could be found to be drunk in charge.

Whilst unfit

The Prosecution must introduce evidence of alcohol or drug consumption to the extent that it would have impaired a person’s ability to drive. This can be done by producing evidential breath, blood or urine test results but is commonly achieved by introducing evidence about the manner of driving.

Other evidence can include witness statements, police observations, or CCTV footage showing erratic driving behaviour. The prosecution may also rely on physical signs of impairment, such as slurred speech, unsteady movements, or the smell of alcohol or drugs. However, these observations can sometimes be challenged in court, particularly if there are alternative explanations or procedural errors in the evidence-gathering process.

But I was only sat in my car and I didn’t intend to drive!

Unlike many other criminal allegations where it is down to the CPS to prove you have committed an offence, with the offence of being drunk in charge if you intend to defend the allegation it is up to the accused to prove that you had no intention of driving the vehicle. These defences are referred to as “statutory defences”. There is a statutory defence available to the offence under s 4 and 5 of the Road Traffic Act 1988.

Section 4

The defendant must prove that it was more likely than not that he would not have driven so long as he remained unfit to do so in which case, he is not considered to be in charge.

Section 5

The defendant must prove that it was more likely than not that he had no intention of driving whilst the level of alcohol in his breath, blood or urine remained above the prescribed limit in which case, he is not considered to be in charge.

With the driver who sleeps it off in their car, there is always a risk that the police may allege that they would have driven when awake but still over the limit.

Fighting the drunk in charge allegation

Our specialist team of lawyers and experts will review all of the evidence against you and advise you of the strengths and weaknesses of the case. We may be able to secure your acquittal if we can prove that you had no intention of driving the vehicle, there has been an inaccurate breath reading or if there is a technical defence.

We will carefully examine witness statements, CCTV footage, and forensic evidence to identify any weaknesses in the prosecution’s case. Additionally, if procedural errors were made during your arrest or testing, we can challenge the evidence to strengthen your defence. Every case is unique, and our tailored approach ensures the best possible outcome for you.

Pleading guilty to drunk in charge offence

Take a look at the penalty pdf for more details of the possible punishments for this offence that range from some or all of the following:

If you plan on pleading GUILTY to the offence of drunk in charge, it is important to have a specialist representative to ensure that the court imposes the lowest penalty possible. Especially if you are at risk of being disqualified.

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

Call Us Now Free on 0800 1389 123

Call Geoffrey Miller Solicitors 24 hours 7 days a week

Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.

CALCULATORs

DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur, including potential disqualification periods based on your alcohol reading and case circumstances.

DRINK DRIVING COST CALCULATOR

Based on our 2020 market research, you can use this form to calculate the likely costs, including fines, legal fees, and the long-term increase in car insurance premiums if convicted of drink driving. Understanding the financial impact can help you make informed decisions about your case.

OTHER CALCULATOR
TOOLS

Use our calculator tools to find out what motoring offence penalties or financial costs you could be facing if convicted. Whether you’re concerned about fines, points, or driving bans, these tools provide a quick estimate based on your situation.

Ask Our Clients

Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme – “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

PRICING STRUCTURE

We have developed a number of pricing structures to suit clients on most income levels. To some clients, minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty. The Finest Bronze Package is the lowest cost option we offer to all clients who wish to receive the very best legal representation but at a competitive price. Our goal is to provide clarity on costs upfront, so you know exactly what to expect.

DRUNK IN CHARGE

Please note we only deal with motoring cases in England and Wales and are unable to assist with cases in Scotland or Northern Ireland.

Drunk In Charge

If Completing This Request Outside of Office Hours