In Charge of a Motor Vehicle with Excess Alcohol

in charge of a motor vehicle with excess alcohol
A Land Rover approaches Ribblehead Viaduct by Geograph

Being in charge of a motor vehicle with excess alcohol is less serious than drink driving. The Magistrates’ Court often do not impose a driving ban. Accused drivers who can show that there was no likelihood of them driving whilst over the limit can be acquitted altogether.

If the police have accused you of being in charge of a motor vehicle with excess alcohol and you want to challenge the case against you, I may be able to help. Are you worried about a driving disqualification for being drunk in charge? I can help with that too.

Also Known As

  • Drunk in charge
  • Being drunk in charge or a motor vehicle
  • Being in charge of a motor vehicle whilst over the prescribed limit

Not to Be Confused With

  • Driving with excess alcohol
  • Drink driving
  • Driving whilst unfit through drink or drugs
  • Failing to provide a specimen for analysis

Penalties for Being in Charge of a Motor Vehicle with Excess Alcohol

The magistrates’ court will impose:

  • Fine up to £2,500, a community order or imprisonment of up to 3 months
  • 10 Penalty points or a disqualification from driving

Sentencing Guidelines

When a magistrates’ court sentences someone being in charge of a motor vehicle with excess alcohol they use these guidelines.

Where Will the Case be Heard?

Cases of being in charge of a motor vehicle with excess alcohol are heard in the Magistrates’ Court. Appeals are dealt with in the Crown Court.

How I Defend Being in Charge of a Motor Vehicle with Excess Alcohol

  • Advising whether to answer questions in a police interview
  • Do the prosecution have enough evidence to prove their case?
  • Is there evidence to show that the accused was in charge of the vehicle?
  • Are there any errors in procedure by the prosecution?
  • Have the police followed the correct procedure in taking the sample of blood breath or urine?
  • Has the sample of blood, breath or urine been tested properly either by the machine or by the analysts in the laboratory?
  • Is there is a likelihood that the accused driver will drive whilst drunk, if not there is a defence to the charge
  • Is there any mitigation to keep the penalty that the magistrates impose down to a minimum or for penalty points to be imposed?

Find out more

Unsure If You Need Legal Representation for Being in Charge of a Motor Vehicle with Excess Alcohol?

Before you decide if you need a solicitor, call me or request a call back under no obligation.

 

A Land Rover approaches Ribblehead Viaduct by John Lucas / CC-BY