Drunk in Charge It is not just drink driving that drivers have to be careful about. What about the situation where you know you're over the limit and call for a taxi or family member to drive you home and you're waiting inside your car when a policeman knocks on the window? You don't have to be driving to be guilty of an offence. The defence "I had no intention of driving" is certainly available but could you fight that in court? Would the police agree with you or say that, in their opinion, you were preparing to drive and the keys were in the ignition? Disqualification in these cases is discretionary but the 10 points on your licence will not be good news.
Did you know that the onus is on you to prove that you had no intention of driving?
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MAXIMUM PENALTY
Minimum 10 penalty points or discretionary disqualification and up to 3 months imprisonment. Maximum fine: £2,500.
Click the image above to download a .pdf detailing Recommended Sentencing Guidelines for Excess alcohol (drunk in charge) as laid down in the Road Traffic Act effective from the 4th August 2008.
