When it comes to motoring offences, “drink driving” is often the term everyone knows. However, the law recognises several distinct offences, including “drunk in charge.”
Understanding the difference can help drivers avoid serious penalties and protect their licences, especially if you rely on driving for work or family responsibilities.
What is drink driving?
Drink driving is one of the most serious driving offences in England and Wales. It occurs when a person drives or attempts to drive a vehicle while over the legal alcohol limit. The current legal alcohol limit is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine.
The consequences of drink driving are severe: fines, licence disqualification, and even imprisonment. For professional drivers, such as taxi or HGV drivers, the impact can extend to loss of employment and career damage.
What does “drunk in charge” mean?
Drunk in charge is different from drink driving. This offence occurs when a person is found in control of a vehicle while above the legal alcohol limit, but not actually driving.
The law recognises that simply being in a position to drive while intoxicated is dangerous. For example, sitting in the driver’s seat with the keys in your hand could be enough to constitute the offence.
While the penalties for drunk in charge are generally less severe than for drink driving, they can still include fines, penalty points, and a driving ban. Professional drivers or those who depend on their licence may still face significant personal and financial consequences.
How are these offences proved?
The key difference lies in the element of driving. For drink driving, the prosecution must prove that you were actually driving or attempting to drive while over the legal limit. For drunk in charge, the focus is on whether you were in control of the vehicle while intoxicated, even if stationary.
Police may use breath tests, blood tests, or witness evidence to determine your level of intoxication. Refusing to provide a specimen can itself lead to severe penalties.
Can you challenge a drunk in charge or drink driving charge?
Yes, in some cases, legal defences may be available. These could include issues with how the breath test was conducted, procedural errors by law enforcement, or evidence that you were not in control of the vehicle.
A drink driving solicitor experienced in motoring law can advise on whether a defence may be viable and help minimise the impact on your licence and employment.
Why professional drivers should take this seriously
For taxi drivers, HGV drivers, and those relying on their licence for work, even a single conviction can have long-term implications. It’s important to seek expert legal advice immediately if you are facing a drink driving or drunk in charge charge.
Understanding the difference between drink driving and drunk in charge is crucial for protecting your licence and your livelihood. While the offences are similar, the legal definitions and potential consequences differ. Seeking timely legal advice can help you navigate the process and potentially reduce the impact of a conviction.