There is a big difference between drink driving and drunk in charge, in particular in relation to the sentence.
Drink Driving carries an automatic ban whereas drunk in charge does not.
Drunk in charge deals with cases where there is no proof that you drove, normally the person accused is in the car but that doesn’t have to be the case, you can be charged with this offence even if you are out of the car and have the keys on you.
It is a defence to show that you would not have driven until you were under the limit.
A common myth is that you have to be sitting in the back seat, or not have the keys in the ignition. This is not the case but it may help to persuade that court that you had no intention of driving.
If the engine is running that is still drunk in charge rather than drink driving. This is a complex area but generally it is only if the car is moving that it is classed as drink driving although you should always speak to us about a matter such as this so we can give you full and reasoned advice/
If you have been charged with drunk in charge it is important that you are represented by a specialist drink driving solicitor.
Call us on 01623 397200 for a free and honest assessment of your case.