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In Charge With Excess Alcohol

Posted on 1st February

Although there are specific charges that relate to the driving of a vehicle whilst over the prescribed limit for alcohol, there are also offences in relation to being in charge of a vehicle whilst over the prescribed limit for alcohol, even if the vehicle is parked and not moving.

It is a defence for the person responsible for the vehicle to prove that they had no intention of driving the car whilst they were still over the limit. In the majority of cases this can be achieved by commissioning an expert to calculate at what point the driver would have been safe to drive, and by cross-examining the arresting officers as to the circumstances. For example, it would be difficult for a court to infer an intention to drive where the person responsible for the vehicle had been asleep inside for some time. An expert’s report demonstrating that they would have been sober to drive the next day would lend support to such an argument.

View penalties for this offence