Parked Up, But The Law Isn't Idle.

In UK law, a person can commit an offence by being “drunk in charge” of a motor vehicle, even when no driving has taken place. This area of law often leads to confusion, as the threshold for being considered “in charge” is broader than many expect.

What the Law Considers ‘In Charge’

A person may be deemed in charge of a vehicle in a range of circumstances. These can include situations such as:

• Sitting in the driver’s seat with the keys present

• Remaining in the vehicle while the engine is running

• Being asleep inside the car

The assessment is not limited to physical position alone. Courts look at contextual factors such as where the keys were, whether the engine was activated and the individual’s overall proximity and access to the vehicle’s controls.

During colder months, incidents more frequently involve individuals remaining in their cars with the engine switched on for heating whilst over the prescribed limit.

Key Considerations in These Cases

When determining whether the offence has been committed, several elements are typically evaluated:

• Alcohol level at the time of the incident

• Location of the individual in relation to the vehicle

• Presence and position of the vehicle keys

• Likelihood of the individual driving while over the limit

The law focuses on potential risk. As a result, the court may consider not only what happened but also what could reasonably have happened next.

How Forensic Alcohol Calculations Can Assist

Specialist calculations can be used to estimate the point at which a person would have fallen below the prescribed alcohol limit. When combined with reliable information about when the individual intended to drive next, this can help determine whether they would have been under the limit at that future time.

These calculations provide an objective scientific assessment that can help clarify the timeline of alcohol elimination relative to events.