As the festive season gets into full swing, police forces across the UK are preparing for the annual spike in drink-driving offences. While the core message of not driving after drinking remains well-known, a lesser-known legal nuance could catch out unsuspecting motorists this December.
The 'Drunk in Charge' Rule Explained
Contrary to popular belief, you do not need to be caught driving a vehicle to face a drink-driving charge. According to legal experts at Lawtons Solicitors, you can be charged with being "drunk in charge of a vehicle" even if you are not seen driving it or moving it at all.
This means officers could take action if they find you sitting in your car with the keys in the ignition, or even standing next to it with the keys in your hand, perhaps outside a pub or bar. In these scenarios, police may infer an intention to drive while over the legal alcohol limit.
What Counts as Evidence of Intention?
The law looks at the broader context of your situation. Having a clear reason to drive soon, such as needing to get to work the morning after a big night out or to attend a booked appointment while potentially still over the limit, can be used as evidence of your intent to drive.
Other key indicators that could lead to a charge include:
- Being in close proximity to your vehicle while intoxicated.
- Being inside the vehicle but not in the driver's seat.
- Having the car keys in the ignition.
Ultimately, the decision to prosecute may hinge on how intoxicated you appear to be. While police might issue a warning, they are equally empowered to pursue a full prosecution.
Increased Police Patrols This Christmas
This legal reminder comes as police confirm that more officers will be on patrol on UK roads throughout December. This heightened presence is a direct response to the expected surge in drink-driving incidents that traditionally accompanies Christmas celebrations.
The clear advice from motoring and legal experts is unequivocal: if you have consumed more than the legal alcohol limit, it is simply not worth going anywhere near your vehicle. Simply being close to it or in possession of the keys could be enough to result in a serious charge.
The safest course of action is to plan ahead: book a taxi, use public transport, or arrange for a sober friend to drive. Keeping yourself and your keys away from your car ensures the festivities remain happy and legal.
