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Charged With Drink Driving But Not In Car, What Do I Do?

Charged With Drink Driving But Not In Car, What Do I DoCharged with drink driving but not in car, what do I do?

It’s not as uncommon as you might think to be charged with drink driving but not in the car when the alleged event happened. But what do you do if this is something that has happened to you?

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything you need to know about what the law says in these matters and the steps you could and should be taking to handle the situation:

What Is Drink Driving?

In the UK, drinking driving is sometimes technically referred to as “being in charge of a motor vehicle while unfit to drive”.

There is a legal limit for how much alcohol you can have in your body and still be allowed to operate a motor vehicle:

  • England, Wales, and Northern Ireland – 35 micrograms (mcg) of alcohol in 100 ml of breath.
  • Scotland – 22 micrograms (mcg) of alcohol in 100 ml of breath.

Can You Be Charged With Drink Driving And Not Be In The Car?

Yes. That phrase “in charge of a motor vehicle” has particular importance when it comes to circumstances where you have been charged with drink driving but weren’t actually in the car.

It means that if the police and Crown Prosecution Service can prove that you were intending to drive the vehicle, you can be charged with drink driving even if you weren’t in the vehicle.

This makes it risky to have any kind of interaction with your vehicle if you are over the drink drive limit, as we’ll see below.

How Is “In Charge” Defined In UK Motoring Law?

There isn’t a set list of what counts as being “in charge of a vehicle” in UK law. In fact, the courts have historically been strangely keen to ensure there isn’t a clear definition that can be treated as a “yes or no” test.

This means the way “in charge” is defined touches on a number of factors, including:

1) Your Proximity To The Vehicle

Were you in the vehicle? If you were inside the vehicle, but not in the driving seat, you can still easily be said to be “in charge” of the vehicle.

If you weren’t inside the vehicle, how close to it were you? The further away you were – or the more difficult access would have been to achieve – the more likely it is that you can show you weren’t actually intending to use the vehicle.

2) Your Access To The Keys

Having access to your keys is probably a bad sign as far as being “in charge” of a vehicle goes. If you have access to the keys and the vehicle, there is a much higher likelihood that you will be perceived by the court as intending to use it.

3) Your Intention To Take Control Of The Vehicle (Or Otherwise)

Proving that you had no intent to take control of the vehicle can be challenging, but it is possible. However, if you had been in charge of the vehicle – for example, you’d recently been driving it – it is usually taken that you remain “in charge” unless you can clearly demonstrate that you:

  • Gave your keys away or otherwise put the vehicle in someone else’s charge
  • Put the car somewhere it was very difficult to access (perhaps a car park that you needed ID to enter or elsewhere entirely)
  • Somehow ensured there was no possibility of you resuming control while you were unfit to drive

What Do You Do If Charged For Drink Driving But Weren’t In The Car?

1) Get Legal Advice Immediately

Being found guilty of being in charge of a vehicle can carry a heavy penalty depending on the circumstances surrounding your case. You could face:

  • 10 points on your license or a driving ban
  • A fine of up to £2500
  • Community service
  • A prison sentence of up to 3 months in the worst cases

This makes it vital to seek out a specialist drink driving lawyer as soon as possible. Only an expert in the field will be able to examine your case and the evidence against you in order to see if you have a possible defence.

2) Explore Possible Defences

According to the law, as the defendant, you need to prove that “it was more likely than not that [you] had no intention of driving”. In return, it is the prosecution’s job to prove that you were likely to intend to drive.

A specialist in motoring law will be in the best position to explore if you can assemble a case that demonstrates the former. If no defence is obvious, a further investigation and review of the evidence may open up further possibilities.

In any case, your first step in any drink driving-related case should always be to at least talk it over with an expert in this particular field of law.

Looking for just such an expert? We can help you find one – for FREE.

Find A Drink Driving Solicitor Now

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Charged With Drink Driving But Not In Car What Do I Do

Solicitors Specialising In Drink Driving

Solicitors Specialising In Drink DrivingSolicitors specialising in drink driving – why would I need one?

The consequences of a drink driving charge can have a huge effect on your life. You can be fined or banned from driving – even sent to prison in the worst cases. The safest way forward is to find solicitors specialising in drink driving offences.

But is it even worth hiring a solicitor for a drink driving charge? Why would you need a specialist?

Because fines and imprisonment sound scary. But hiring a lawyer can be expensive. Here is why you should at least talk your case over with a specialist drink driving solicitor if you’re facing this kind of charge:

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Do I Need Specialist Drink Driving Solicitors?

You can find a general lawyer or request a duty solicitor to defend and advise you in your drink driving case. Make no mistake, these people work hard.

However, they often aren’t overly experienced with the relevant laws. They won’t be familiar with the many ways it is possible to defend their clients from a drink driving charge. Many will simply advise you to plead guilty and then try to mitigate the charge in some way.

On the other hand, a specialist drink driving solicitor will be able to help you:

1) At The Police Station

Ideally, you will want legal advice as to what you should and should not say to the police right from the very start. You will want to arrange for this before you make a statement or answer any questions.

You don’t have to have a solicitor present. You can also ask to see the duty solicitor at the police station.

Yet if you aren’t familiar with how the police and courts work, having someone from outside the station who specialises in this kind of case is the safest way to know your interests are being looked after.

2) Examining And Guiding You In Your Case

An expert in traffic law and drink driving cases will be in the best position to:

  • Advise you if you have a defence you can put forward
  • Explain how you should plead (guilty or not guilty) to get the best possible outcome
  • Guide you throughout the process and advise you on what to expect at each point (how much of an advantage this is is often underrated)

3) In Court

Some people are experienced and content with public speaking. Others may be familiar with the courts and legal processes.

If you’re not both of these things though, it is usually a mistake to proceed to court in a drink driving case without expert legal advice at hand.

The whole process of going to court can be complex and confusing if you haven’t done it before. There are expected ways to behave and speak. Plus, you only get one chance to get it right.
If you say the wrong thing, you can’t ask for another attempt.

What Are The Benefits Of Specialists?

1) Put Forward Your Best Possible Defence

A specialist solicitor is used to putting forward the best defence in a wide variety of circumstances where someone has been charged with drink driving. They understand the approaches that are most likely to succeed
.
A duty solicitor may simply advise you to plead guilty. An expert will have a wider view, able to identify evidence or procedural issues that may mean you have a better defence available than simply throwing yourself on the mercy of the court.

2) Explore Special Reasons And Reasonable Excuses

There are certain special circumstances where you might be able to avoid being banned from driving even if you were found to be over the limit.

Exploring these options isn’t something you can really do successfully on your own. There are set processes to follow and not everything that someone might personally consider a “reasonable excuse” counts as one as far as the courts are concerned.

A specialist can advise you on this based on their extensive experience of what has been accepted by the courts in their previous cases. They can also put forward mitigation strategies as a professional advocate on your behalf (this works much better than you telling a “sob story”).

3) Challenge Evidence And Procedure

In a drink driving case, the burden of proof is on the CPS (the Crown Prosecution Service) to prove you were over the limit at the time you were in charge of the vehicle.

This leaves specialist drink driving solicitors with many ways to question the validity of test results, question the processes the police followed, and address other aspects of the evidence against you and how it was obtained.

This can result in cases never reaching court in the first place. Again, it’s something only a specialist will have the expertise to try.

Get Advice And Support Throughout The Process

How should you plead? How strong is the evidence against you? What should you say to the police? Do you even have a defence? What’s the best way to communicate with the court?

For all these reasons and more, it’s a smart idea to at least talk with solicitors specialising in drink driving charges if you find yourself up against one. At least then, you will have some idea of what you’re facing.

Looking For A Friendly And Helpful Drink Driving Solicitor?

Let us help you. Solicitors Near Me will match you with just the right kind of legal expert for FREE and with no commitment.

Find A Drink Driving Solicitor Now

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Solicitors Specialising In Drink Driving