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

[Lady Star 10]

If you are over the limit, you could be done for 'drunk in charge of a vehicle' I know someone who it happened to. He got woken up sleeping in ther back of his van by the police, who then breathalizerd and arrested him. Apparently it was the fact that he was in the vehicle and had the keys which made him guilty of this ludicrous charge.

 

I had a mate who lost his license when he slept a session off in the drivers seat at the back of the pub he'd just been in... keys were in his coat pocket on back seat, but that was enough... The police who pulled him said tat had he slept in the back of the car, that'd be a different matter...

 

To the OP - Expect trouble if you are the driver and you are seen drinking in your car - your friend will probably get away with it though, just depends how old you are? In your mid to late 20's onwards, the police will take less interest... If you are a kid, and your mate is drinking and you are not, you will be pulled... Police see kids and assume you are daft and more likely to do stupid things (such as drinking and then driving)...

[wackyjaki 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.

 

it depends on the judge the person i know was only getting somthing out of the boot when the police stopped and breatherlized him wouldnt beleve he hadnt been out inthe car he got banned so work that one out then bad judge day

[G51065 10]

We sometimes set off to the coast in the evening and sleep in the van ready for the next day.

It can be late in the year so campsites are closed and a lay-by or quiet lane is used.

We might have a bit of a drink to help us get off to sleep and I've often wondered about this situation.

[MonkeyLover 10]

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!!!

 

that is ridiculous! So, on that basis, anyone, having a few drinks at home, car nicely tucked up in the garage, can be arrested for being 'drunk in charge of a motor vehicle' - just because he/she has the keys in posession. What are they supposed to do with the keys until the next day?

[Forumosaurus 10]

It's a little stupid, because I'm always in charge of my vehicle..because it's mine, I'm in charge, so why am I not breaking the law any time I'm over the limit? Because I own a car and seeing as it's mine, I'm in charge of it.

[wodger 10]

In charge means to be in the vehicle at the time. But even then with a good brief you will get away with this as long as you are not caught driving whilst under the influence.

 

 

A passenger will not be charged under the drink drive laws as long as the vehicle is legal.

[wodger 10]

Just to mention. Car in the garage, On the drive, Private car park etc. The police will not stop you till you are caught on public roads or car parks etc. If they suspect you of drink driving ie, they are outside the pub/club waiting. They will not pull you over till you start to leave the parking area.

[Obelix 11]

There's an old law still on the books of "Drunk In Charge," on which you could probably be found guilty if the police wanted to nail you; but the penalties for that are far lower than for "Driving while under the influence," since you clearly can't mow down innocent people while in control of a stationary vehicle.

 

It may not even be classed as drunk in charge, if you don't have keys in the ignition; I'm not sure exactly how the law is defined.

 

 

(You can also be fined for Drunk In Charge of a bicycle, a horse and trap, a lawnmower or just about any other movable object.)

 

Not forgetting the useful charge of being drunk in charge of a child...

[wodger 10]

I have posted the law as it stands. Though this law needs to be revised and brought up to date. So far all that has happened are additions and ammendments placed in the law. Now it is mixed up. Just as many laws about driving have been changed so much and not done correctly

[Harleyman 12]

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?

 

 

Why not try it out? Window down, bottle of Johhny Walker in hand and wait for the next copper to go by, music loud enough to attract his attention.

 

You'll soon find out if legal or not

[Rupert_Baehr 10]

. .

Edited November 23, 2010 by Rupert_Baehr

[sxckatie 10]

As long as you don't have the key in the ignition they legally can't do anything.