What is the Meaning of Drunk in Charge?

Rhys Rosser • July 4, 2024

Where the CPS and Police cannot prove that someone was driving a vehicle, often the suspect will be charged with the offence of “drunk in charge”.  But what does it mean to be "in charge" of a vehicle?

This offence can still result in a disqualification as the sentencing options are:


-         A mandatory 10 penalty points or a discretionary driving disqualification

-         A fine of up to £2500 and / or a range of sentencing options including community service or a prison sentence of up to 3 months


Section 5 of the Road Traffic Act 1988 states that the prosecution must prove:


-         over the legal limit for alcohol (in the blood, urine or breath)

-         and in charge of the vehicle;

-         and the motor vehicle must be in a place to which the public has access i.e. a public road rather than a private road.


The meaning of “in charge” is not defined in legislation. The following have been held to be relevant factors when determining whether someone is in charge:


-         whether and where he was in the vehicle or how far he was from it;

-         what he was doing at the relevant time;

-         whether he was in possession of a key that fitted the ignition;

-         whether there was evidence of an intention to take or assert control of the car by driving or otherwise; and

-         whether any person was in, at or near the vehicle and, if so, the like particulars in respect of that person.


The prosecution is not required to prove that the defendant was likely to drive whilst unfit or over the limit.


There is a statutory defence, which means that it applies in every case. As such, it will be a defence if the Defendant can prove it was more likely than not that they had no intention of driving whilst the level of alcohol in his breath, blood or urine remained above the prescribed limit.


This means that the Defendant will be acquitted if they prove on the balance of probabilities that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs. “Likelihood” means real risk, a risk that ought not to be ignored. Thus the defendant must satisfy the court that there is no risk that he would drive while over the limit.

Fill in the Below to Contact Rhys and to obtain legal advice

Clandestine Entry - Penalties under the Immigration and Asylum Act 1999

By Rhys Rosser • April 29, 2025
Section 32 of the Immigration and Asylum Act 1999 deals with penalties for carrying clandestine entrants into the UK. It allows the Secretary of State to impose fines on individuals responsible for transporting people who have entered the country unlawfully. This applies to owners, hirers, and drivers of vehicles, including detached trailers.

The Offence of 'Cheating' - The Gambling Commission

By Rhys Rosser • April 14, 2025
Pursuant to Sections 27 and 28 of the Gambling Act 2005, the Gambling Commission has the authority to investigate criminal offences and to authorise charges

Sentencing Guidelines - An Introduction

By Rhys Rosser • April 9, 2025
Sentencing Guidelines are drafted by the Sentencing Council, a body which was set up in April 2010, Judges and magistrates must follow the guidelines issued by the Sentencing Council ‘unless the Court is satisfied that it would be contrary to the interests of justice to do so’.

Football Banning Orders - A Guide

By Rhys Rosser • March 30, 2025
Football banning orders (FBOs) are a legal tool used in the UK to prevent individuals involved in football-related disorder from attending matches. Introduced under the Football Spectators Act 1989 , these orders aimed to manage supporter behaviour and ensure the safety of fans and players.

Murder v Manslaughter - Understanding the Difference

By Rhys Rosser • March 12, 2025
In criminal law, murder and manslaughter are both forms of unlawful killing. The key difference between the two offences relates to the defendant's intent when the death was caused. 

Listed Building Consent - Criminal Liability and Offences

By Rhys Rosser • March 2, 2025
Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that listed building consent is required before carrying out any works that would alter, extend, or demolish a listed building in a way that affects its character as a building of special architectural or historic interest.

Restraint Orders - Challenges and Variations

By Rhys Rosser • February 3, 2025
A restraint order is an order put in place to restrain funds or assets. It can be applied for either by a prosecutor or an accredited financial investigator. An application for a restraint order may be made in the absence of the parties impacted by the order.

How do the CPS Decide if they will Charge a Suspect?

By Rhys Rosser • January 26, 2025
The Code for Crown Prosecutors is a public document issued by the Director of Public Prosecutions (DPP) . It sets out the principles that Crown Prosecutors must follow when deciding whether to charge a suspect and proceed with a prosecution. The Crown Prosecution Service (CPS) applies this code to ensure fair and consistent decision-making in criminal cases.

Interpol Red Notices and Challenges

By Rhys Rosser • January 26, 2025
A Red Notice provides a means of streamlining co-operation between the 196 member countries of INTERPOL. It is not an “international arrest warrant”, and in many countries (including the UK) it does not, of itself, provide a lawful basis for an arrest. The number of member countries has steadily increased since its introduction. 

What Can I Take into Prison?

By Rhys Rosser • January 15, 2025
Entering prison can be an overwhelming experience, and knowing what you are allowed to bring with you can help ease the transition. UK prisons have strict regulations on personal belongings to ensure security and order within the facility. Here’s a breakdown of what you can take into prison.
Show More