Drunk in charge

You can be prosecuted for this offence even if the keys are not in the ignition, the engine is not running and you have no intention of driving.  But you have a defence if you can prove on a balance of probabilities that at the relevant time there was no likelihood of you driving the vehicle whilst you were still above the limit.

In these cases there is a presumption that you are “drunk in charge” and so the burden of proof is on you to disprove the allegation.  You will therefore need to prepare your defence with great care.

If convicted of this offence disqualification is discretionary but you will have your licence endorsed with 10 points.  This will mean that you become liable under the “totting up” provisions for mandatory disqualification if there are other points on your licence.