Is it Legal to sit and drink alcohol in my car? (not drive it)

[callippo 10]

I haven't read through all this thread, but I know the criteria for this, having lived in camper vans at points in the past.

 

if the keys are in the ignition, then you are classed as being in charge of the vehicle and liable to a drink driving charge. The engine doesn't have to be running - the keys just have to be in the ignition.

 

if they're not you're not. So if if the key needs to be in the ignition for you to listen to music and get drunk, you'll need to listen to the music some other way.

 

technically you can get done for drink driving even if you are over the limit and come from inside your house and put your car keys in the ignition, and sit in the vehicle even if you haven't started the engine and have no intention of driving it anywhere.

[callippo 10]

This is the most stupid thread ever, why would anyone sit in their car boozing? I amazed at the stupidity displayed on this thread.

 

not all that absurd. Somebody might want to listen to some music while in their house, all the methods of listening to music are occupied by other people, listening to music you don't want to listen to. The only method available to you, to listen to the music you want to listen to at a particular time, might be the car stereo, in your car outside the house.

 

but if the car stereo needs having a car ignition key to work, even if the engine is not switched on, you can get done for drink-driving if you're over the limit.

[milo24/7 10]

can i basically sit with my friend in my car and drink and listen to music?

 

i wont drive at all, is this legal or illegal?

 

short answer: YES.. PERFECTLY LEGAL..... (however)

 

just as it perfectly legal (tho not advisable) to drink alcohol whilst driving.!!

Yes, you can drive up the M1 and drink a can of stella if you choose.

 

The problems occur when you exceed the limit whilst doing these things...

The current limit is 35 micrograms in breath. Which YOU will not be able to judge. Its nothing to do with pints/units/shorts... whatever.. everyone absorbs alcohol differently so ignore people that say the limit is 2 pints, 2 wines, or whatever. The only safe measure is ZERO..!

 

Anyway.

As far as the being sat in the vehicle and being drunk.. yes. the offence is drunk in charge. Ignore where the keys are. The location of the keys and the proximity of the "driver" are simply means to determine the likely-hood of the drunk person, actually driving. It is this likely-hood that will sway a prosecution one way or another.

 

The legislation is HUGE and much caselaw has been written about it, because drink driving legislation is the most tested in the UK.. Far too big to explain fully on a forum. However... if you are in possession of your car keys and drunk, yes, technically you are committing an offence. But dont get worried about it... the test that will be applied by a court is, "what is the likelyhood of you driving... 99% of the time the answer will be ZERO...

 

If however, you are found asleep in your car, down a quiet country lane, or somewhere similar, and the worse for drink... you are highly likely to be arrested for drunk in charge.... (and this is the MOST common circumstance this law is used)

Dont forget, its a safety thing.. its there to prevent drunk people, who are not making clear decisions, from driving when they shouldnt.

 

Dont worry about the technicalities of the legislation, your head will spin if you go into it too deeply. (im sat with a glass of wine right now, my car keys are on the side, and i am "in charge" of my vehicle..! I could easily go and drive it right now... however, the cops arent going to be beating down my door.

 

The message is simple. Cars and drink dont mix.

 

If you were arrested whilst sat in your car with your mate, on your street, over the limit for drink driving. How confident would you feel about convincing a court, that there was absolutely NO chance, whilst in your drunken state, that you wouldnt have been tempted or able, to just drive a bit further down the road, move the car round the corner, drive it to your mates, nip to the shop, go into to town, drive to the coast...!!

Can you see where this goes.......

 

This legislation is in place because people have lost loved ones as a result of drink driving. Its not because the law makers wanted to stop people sitting in cars on their driveway with some cans...! Its there as an intervention, so the police dont HAVE to park round the corner and wait for the vehicle to be driven (and therefore risking an accident or a pursuit, or both) by someone who is drunk. They arrest the person in charge, and let the court decide if there was a likelyhood of driving taking place WHILST over the limit.

[staninoodle 174]

As long as your below the legal drinking limit you can consume alcohol in your own car.

I was in leeds one night,and my mate was pinched for having his car keys in his pocket,while he was sloshed.The car was parked about a mile away,but he was still fined,not sure of what charge was,but i think it was drunk in charge.

We all argued with the cops,as we felt it unreasonable,as we wernt intending to use the car again that night,wed all booked in at a hotel.But the cops just told us to shurrup,or join our mate in custody!!!

[Hairyloon 10]

If however, you are found asleep in your car, down a quiet country lane, or somewhere similar...

 

http://www.sheffieldforum.co.uk/showthread.php?t=640498

[wodger 10]

Even if you are sat in the back of the car but alone. You are in fact in charge of the vehicle. You can be charged and the charge will stick. Drunk in charge or even under the influence of drugs, You can be charged. But it is rare unless you are in the driving seat. The law " Drunk in charge " is still very much in effect and many Police Officers will use this, Especially as an excuse to search the car even on a car park and certain areas that can be classed as private. Mainly bored Officers would get up to these tricks. But if this stops people drink and driving O.K by me.

[Hairyloon 10]

We all argued with the cops,as we felt it unreasonable,as we wernt intending to use the car again that night,wed all booked in at a hotel.But the cops just told us to shurrup,or join our mate in custody!!!

Should have argued it in court. On the street, the law is what plod convinces you it is.

 

Otherwise you would be committing an offence if you have a drink at home with your keys in your pocket.

 

However, it is fairly well established that if you do not have the keys (anywhere you can get to them), then you are not committing an offence, even if you are in the driving seat (unless you seem likely to be hot-wiring it).

[staninoodle 174]

Otherwise you would be committing an offence if you have a drink at home with your keys in your pocket.

Thats EXACTLY the qoute the plod used in the argument,i was obviously worse for wear,but he said id be comitting an offence,if he came to my home and id keys in my pocket and was drunk,he said i mite be about to use my car,OR i mite have just got home from a booze up,so hed knick me under drunk in charge......

must add by this time there was 5 or 6 bobbys and i was pretty ready for bed like,and theyd become VERY aggresive,as wed attracted a crowd

[milo24/7 10]

But it is rare unless you are in the driving seat.

Not so.

The seat in use at the time is irrelevant, you can be stood next to your vehicle and still be "in charge". Many people are prosecuted when asleep in the back seat for drunk in charge offences.

As mentioned earlier, the test to be applied is, the likelihood of driving And whilst that is subjective, the court will decide one way or the other.

 

even on a car park and certain areas that can be classed as private

 

virtually all drink drive legislation applies to "public places".

A pub car park is private property. But it is a public place. (Unless the landlord puts electric gates on it and issues his regulars with a swipe card.)

The same applies to supermarket car parks, private roads with no gates on, open playing fields/park land etc.. and for obvious reasons. !!

 

Mainly bored Officers would get up to these tricks.

A drink drive/drunk in charge arrest, will generate about 3 hours paperwork at least, after the arrest. So if you really believe that 3 hours paperwork is a way of relieving boredom.... well... what can i say.. ???

Next time I find an Officer that is "bored" I'll ask what "tricks" they do to break the endless monotony..!!

[david0 10]

yes it is illegal

[wackyjaki 10]

can i basically sit with my friend in my car and drink and listen to music?

 

i wont drive at all, is this legal or illegal?

 

you can get done going out to get something out of you car when over thne limit so im sure the police are going to beleve you dont intend to drive so beleave me i know someone who got a ban for doing just that because he culdnt prove otherwise so dont do it it is not worth it

[wodger 10]

Drunk in charge of the vehicle. If you are in the passenger seat and you are over the limit, Keys or not. You can be charged with being drunk in charge of the vehicle. Very rare this happens. Normally you have to be driving the car or the engine be running...However as follows

 

The Law in Drunk in Charge of a Motor Vehicle cases

 

The Law

 

The penalty for this offence is 10 penalty points, up to three months imprisonment or a disqualification at the discretion of the court. Prison is unlikely in most cases, except where there the offence involves other bad behaviour or a very high alcohol reading (readings over 100 micrograms of alcohol in 100 millilitres breath will often make magistrates start to think about custody).

 

Defences

 

Any person who is accused of being in charge of a motor vehicle while unfit through drink or drugs will have a defence to the charge if he can show that at the time of the offence there was no likelihood of his driving the motor vehicle. The court will look at various factors to decide whether this was the case or not, including whether the keys were in the ignition, whether the car was running etc. These do not conclusively prove that the person was in charge of the vehicle for the purposes of the law, because the intention to drive must be proven according to the facts.

 

Strategy in Drunk in Charge Cases

 

These cases often centre around whether there was an intention to drive, and a defence will often centre around this issue. Thorough preparation with the client must be done, both on the prosecution papers and the client’s version of events. Any police witnesses from the scene will need to be called to court and cross-examined by the defence.

 

The usual Special Reasons (see section on left toolbar) arguments applicable in other drink driving cases could also apply, depending on the facts.

 

However, there is no minimum mandatory ban of 12 months as there is for other driving offences, and the court has the option of awarding 10 penalty points instead of a ban, which means that with good mitigation, a court might not disqualify someone who pleads guilty to the offence. This can be a high risk strategy where an alternative is a not guilty plea, because once the guilty plea is entered, there is no guarantee that the court will not disqualify.