It is an offence if a person in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in the persons breath, blood or urine exceeds the prescribed limit.
The prescribed limits are:
35 microgrammes of alcohol in 100 millilitres of breath
80 microgrammes of alcohol in 100 millilitres of blood
107 microgrammes of alcohol in 100 millilitres of urine
To be in charge of a vehicle a close connection between the person and control of the vehicle is required.
These cases often involve a person being in or near to the car and in possession of the ignition key but can potentially include many situations.
There may be a possible defence if a person can prove that at the time of the alleged offence there was no likelihood of them driving the vehicle whilst the proportion of alcohol in their breath, blood or urine remained likely to exceed the prescribed limit.
This can often be a technical defence as expert evidence may be required to prove that a person would not be over the prescribed limit at the time that they would have driven the vehicle.
Someone charged with this offence would benefit from early expert advice.
If you have been charged with or reported for an offence, Legal Aid may be available for your representation.
Hewitts Solicitors are experts in drunk in charge of a vehicle offences. We can advise on possible defences as well as putting forward a strong case on your behalf.
To find out more about how we can help you, please click here or contact us for free initial no obligation advice. We are available 24/7, Freephone 0800 304 7740.