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.

Click on the links below to see our sample 'Drunk in Charge' cases:

• 6 times legal limit, found sleeping in car. We successfully argue a defence and client is found Not Guilty after trial. Client is very relieved!
• Client found slumped over steering and fails breathalyser being found 4 times the legal limit. In court we vigorously assert a defence of our client having no intention to drive and win a Not Guilty!
• Drunk in Charge in contravention of S(5)(1)(b) Road Traffic Act 1988 - Fiscal persuaded to discontinue case at trial diet.
• Client fails breathalyser and faces likely ban. However, we are able to provide a strong defence and persuade Fiscal to drop the case before the trial even started!
• Complex case that could easily lead to more serious charge of Drink Driving. Client needed licence so we focussed on saving that and won!
• Suspected drink driver found sleeping intoxicated in car with engine on. We still win a Not Guilty!
• Client charged with being drunk in charge of a vehicle while supervising learner. We win a Not Guilty verdict!

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