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Q563: Can I be charged with drink driving if I am over the limit but just sat in my car?

Answer

There are three offences that you could possibly be charged with:

  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.

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Answer

Tiredness at the wheel, or driving fatigue, will impact a person’s ability to focus and therefore their standard of driving. Research has shown that driver fatigue may be a contributory factor in up to 20% of road accidents, and up to one quarter of fatal and serious accidents.
 
Falling asleep while driving would be classified as dangerous driving. Please see Q912 for further information regarding the offence of dangerous driving, and the linked safety guide regarding driver fatigue, for further information regarding tiredness at the wheel.

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The only safe limit of alcohol to have in your blood and drive is zero!

It is not advisable to even have one drink and drive as alcohol impairs your judgement and lessens your reflexes. The official amount of alcohol is 35 microgrammes per 100ml of breath reading, this cannot be translated into an exact amount of units as it depends on many factors, height and weight, the time when last drink was consumed etc, so the best advice is not to drink at all or to order a taxi.

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You should report the person to the police or if you wish to do so anonymously via Crimestoppers (Please see the Crimestoppers website in Related Information). The information that the police require before they can act is the registration number of the vehicle involved, the person's name, description and if possible the address and details of any regular journeys that this person makes e.g. every Thursday night at approximately 2330hrs B leaves the pub and drives the same route home.

With the information you have provided, the police can then potentially wait for the vehicle somewhere along that route to stop the car.

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Sucking a copper coin or chewing gum will have no effect whatsoever on the breath test machine or on the results.

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Answer

Yes, there is an offence of being in charge of a motor vehicle whilst being over the permitted limit. Each case would be judged on its own merits but the officers would be looking at

  • whether you had the keys for the vehicle
  • were you in the vehicle at the time
  • what were you doing at the time
  • whether there was anyone else in or near the vehicle
  • what evidence is there that you were intending to drive the vehicle

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Question

Q563: Can I be charged with drink driving if I am over the limit but just sat in my car?

Answer

There are three offences that you could possibly be charged with:

  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.
 
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