Opting to sleep in your car until you’re safe to drive after having one too many drinks may seem like a good idea.
However, if you do decide to take a nap on the backseat whilst drunk, you could be hit with a substantial fine, or even lose your licence.
Why is it illegal to sleep in my car whilst over the alcohol limit?
It is not only illegal to drive your car while over the legal alcohol limit in the UK, it’s also illegal to be drunk in charge of a vehicle.
This offence comes under Section 5 (1) (b) of the Road Traffic Act 1988, which states that a person cannot be in charge of a motor vehicle (on a road or other public place) after consuming an amount of alcohol that exceeds the prescribed limit in their breath, blood, or urine.
In England, Wales and Northern Ireland, the legal alcohol limit for drivers is 80 milligrams of alcohol per 100 millilitres of blood, 107 milligrams per 100 millilitres of urine, or 35 micrograms per 100 millilitres of breath.
Therefore, rather than sleeping in your car when drunk, you should get a taxi, have a friend or family member drive you home, or book a hotel for the night.
Drunk in charge of a vehicle defence
If you’ve been charged with being drunk in charge of a vehicle, and you were sleeping in your vehicle at the time of the alleged offence, you should seek legal advice at your earliest opportunity.
There are plausible defences to being drunk in charge of a vehicle, and experienced motoring defence solicitors specialising in drink driving cases, such as ourselves at MAJ Law, could help you to avoid prosecution.
For example, if your drink driving solicitor can prove that at the time you were alleged to have been drunk in charge of a vehicle, there was no likelihood of you driving the vehicle whilst the amount of alcohol in your body exceeded the prescribed limit, you should be found not guilty.
The individual circumstances of your case will have to be considered carefully. These include the reasons why you were sleeping in your car and the time at which you next intended to drive. Other factors that will be taken into account are whether the keys were in the ignition, or even in the vehicle at all, and whereabouts in the vehicle you were at the time of the alleged offence.
Drunk in charge of a vehicle sentencing guidelines
If you are found guilty of being drunk in charge of a vehicle, drink driving sentencing guidelines state that the minimum penalty is 10 points on your licence and a fine.
However, if you already have points on your licence, you could face a driving ban. Additionally, if your alcohol reading is particularly high, you could be imprisoned for up to three months.
Speak with expert motoring defence solicitors
With such severe penalties for being drunk in charge of a vehicle, it’s vital that you obtain legal representation as soon as possible following your arrest.
At MAJ Law, we are the UK’s leading motoring defence solicitors, specialising in drink driving cases. If you’ve been charged with being drunk in charge of a vehicle, please get in touch to discuss your case with a member of our team.
