Under section 5(1(b)) of the Road Traffic Act 1988 it is an offence for someone to be ‘drunk in charge’ of a motor vehicle. Thus one does not need to be driving to be convicted of an offence of this nature.
Conviction for this offence carries with it a minimum of ten penalty points or discretionary disqualification and up to three months imprisonment. The seriousness of a charge of this nature cannot be underestimated.
Although it is a defence to establish on the balance of probabilities that you did not intend to drive this is a technically complex defence which can often be difficult to establish.
Any person charged with an offence of this nature should seek advice from an expert road traffic lawyer as a matter of urgency.
All of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Paisley Renfrewshire East Kilbride Perth Livingston Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Fife Kilwinning Ayrshire Giffnock viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray