Drunk in Charge of a Vehicle

Being convicted of being drunk in charge of a vehicle can result in serious penalties, including a fine, penalty points, a driving disqualification, or even a custodial sentence in more severe cases. If you are facing this allegation, it is important to seek expert legal advice as early as possible to protect your rights.

At JD Spicer Zeb, our experienced criminal defence solicitors have over 45 years of experience handling a broad range of motoring offences, including drunk in charge cases. We understand how the police and prosecution approach these matters, and we know what is required to build the strongest possible defence and challenge the evidence effectively.

Whether you are looking to contest the charge or mitigate the potential penalties, we will work hard to provide clear, strategic legal support tailored to your situation, with the aim of securing the best possible outcome.

Our highly experienced driving offence solicitors provide:

24/7 legal support in person and over the phone, 365 days a year
Representation anywhere in England and Wales
Accredited Police Station Representatives to support you during a police interview
Clear, effective legal advice in any language (see our languages spoken)

Speak to our driving offence solicitors today

For a free initial consultation on your legal position and the available options when defending a drunk in charge case, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding being drunk in charge of a motor vehicle, please call our Emergency Number 07836 577 556.

Why choose our driving offence solicitors?

For over 45 years, our expert criminal defence solicitors have provided strategic, high-quality legal advice across a broad range of driving offences, including cases where an individual is accused of being drunk in charge of a vehicle.

This offence can be more complex than it first appears, and the consequences can be serious, including penalty points, fines, driving disqualification, or even a custodial sentence in more serious cases.

We understand exactly how the police and prosecution build their case, typically using evidence such as breathalyser readings, witness statements, and your proximity to the vehicle.

Our team knows how to identify weaknesses in the prosecution’s arguments, such as whether there was a realistic likelihood of driving while over the limit or whether proper procedures were followed by the police.

We offer 24/7 legal support from our accredited police station representatives, who will ensure your rights are protected from the moment of arrest. If your case proceeds to court, we work closely with some of the UK’s most respected criminal defence barristers to prepare and present a robust defence tailored to your individual circumstances.

We hold the Law Society’s Criminal Litigation Accreditation and Lexcel quality mark, demonstrating our commitment to achieving the best possible results for our clients. With our long-standing experience and practical expertise, you can rely on JD Spicer Zeb to provide honest, strategic, and effective representation if you are accused of being drunk in charge of a vehicle.

Our expertise with drunk in charge of a vehicle offences

Representation at Police Stations

Anything you say, or choose not to say, while being questioned at the police station can have an impact on the outcome of your case.

If you are arrested or asked to attend a voluntary interview on suspicion of being drunk in charge of a vehicle, early legal advice is crucial.

Our team of police station solicitors and accredited representatives are available 24/7 to protect your rights and provide specialist legal guidance. With extensive experience in motoring offences, we will ensure that your case is properly represented from the start, giving you the best chance of a positive outcome.

Pre-charge bail and released under investigation

If you have been released on pre-charge bail or are under investigation for being drunk in charge of a vehicle, it is important to seek legal advice as soon as possible.

Being released does not mean the matter is over; police investigations will remain ongoing, and further action can still be taken.

Our expert solicitors can assess your situation, provide clear guidance on what to expect, and advise you on the best course of action to protect your rights and position during this crucial stage.

To find out more in relation to pre-charge bail and being released under investigation, please use the links provided below:

Penalty mitigation

If you are facing penalties for being drunk in charge of a vehicle, we will begin by assessing the strength of the evidence and identifying any procedural or factual weaknesses in the prosecution’s case.

Our first priority is to explore whether the case can be discontinued at an early stage.

If your case proceeds to court, we will work with you to establish if there are any mitigating factors, such as personal circumstances, lack of intent to drive, or character references, that may influence the outcome.

Our team is known for securing reduced penalties, alternatives to prosecution in cases involving alcohol-related motoring offences and, where possible, having charges dropped altogether.

Legal representation and defence

If you are facing prosecution for being drunk in charge of a vehicle, our dedicated motoring offence solicitors will thoroughly prepare your defence.

From the start of your case, we will explain your legal position clearly and support you through each stage of the process.

Whether your case is heard in the Magistrates’ Court or progresses to the Crown Court, we will ensure you receive strong representation throughout.

Our experienced defence team will advise you on the best strategy to secure a favourable outcome, whether that involves a not guilty plea or mitigating your sentence through early admissions and supporting evidence.

Should your case proceed to trial, we have a strong network of skilled barristers to represent you in court. With over 45 years’ experience in criminal defence, we are well placed to deliver the high standard of legal advice and advocacy you deserve.

Fees and funding

When dealing with fees and funding, our driving offence lawyers will always be clear and upfront about your options.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to being drunk in charge of a vehicle, including:

Related cases

Common questions about being drunk in charge of a vehicle

What is the law around being drunk and in charge of a vehicle?

Under section 5(1)(b) of the Road Traffic Act 1988, it is an offence to be found drunk while ‘in charge’ of a motor vehicle on a road or public place, even if you are not driving.

The law applies when a person is over the legal alcohol limit (35 micrograms of alcohol per 100ml of breath) and there is a realistic possibility they intended to drive while still unfit.

Courts will consider your location in the vehicle, possession of keys, and likelihood of driving when determining whether you were ‘in charge’.

How can the police prove drunk driving?

The points to prove for being drunk in charge of a vehicle include that you were operating or attempting to operate a motor vehicle, and that you were over the prescribed alcohol limit.

Evidence may include roadside breath tests, blood or urine samples, witness statements, dashcam footage, and observations of driving behaviour (such as erratic movement).

The police must also prove that proper procedures were followed when obtaining test results. Any procedural error can weaken the prosecution's case and may provide grounds for a legal challenge.

What is the penalty for being drunk in charge of a vehicle?

If convicted of being drunk in charge of a vehicle, the court can impose a fine of up to £2,500, up to three months’ imprisonment, or both.

You may also receive 10 penalty points or a discretionary disqualification from driving. The penalty depends on various factors, including your level of intoxication, any prior convictions, and whether you posed a risk to public safety.

Early legal advice is crucial to assess whether the charge can be challenged or if there is scope to mitigate any penalty imposed.

What are the drunk in charge of a vehicle sentencing guidelines?

The Sentencing Council provides guidance for ‘being in charge of a vehicle while over the legal limit.’ The starting point for a first-time offence is a Band C fine (125–175% of weekly income) and either 10 penalty points or a discretionary driving ban.

Aggravating factors, such as being parked near schools, refusing a breath test, or having prior convictions, can result in harsher penalties.

Courts also consider mitigation, such as a lack of intent to drive or strong personal circumstances. Specialist representation can make a significant difference to the outcome of your case.

Can you be charged if you were drunk in a car but not driving?

Yes, you can be charged if you are found drunk in a car, even if you were not driving.

The offence of being ‘drunk in charge’ applies when you are over the alcohol limit and there is a likelihood that you intended to drive while still intoxicated.

If the police believe you had access to the keys and could reasonably have driven, they may pursue a charge.

Successfully defending this requires demonstrating you had no intention of driving, for example, by showing plans to sleep in the vehicle or wait for assistance.

Can you get in trouble for being in a car with a drunk driver?

While being a passenger is not an offence, you may face consequences in certain circumstances.

If you knowingly allow someone to drive while intoxicated, especially if the vehicle belongs to you, you could be investigated for aiding or permitting a drink-driving offence.

You may also be putting yourself at personal and legal risk if a collision occurs.

Contact our driving offences solicitors now

If you are due to attend the police station for an interview under caution and have been accused of being drunk in charge of a vehicle, or require any urgent specialist advice or immediate representation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of driving offence solicitors in London, Birmingham, and Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771, our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for being drunk in charge of a vehicle

Please contact us for a free initial consultation with one of our driving offence lawyers for immediate advice and representation.

For urgent representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the assistance you need.

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