Being drunk in charge of a vehicle is a Road Traffic Offence in Scotland.

It is a common misconception that it is perfectly legal to be seated within or to sleep in a motor vehicle whilst under the influence of alcohol as long as the car is not moving. This is not the case and such actions will normally result in you being charged with being drunk in charge of a motor vehicle. This could result in the loss of your driving licence, your job and your livelihood. DON’T PANIC! Even when you are guilty you have more options than you think. So, if you are arrested for being drunk in charge of a motor vehicle get a free consultation from our expert Road Traffic Lawyers now.

The charge of being drunk in charge of a motor vehicle is covered under section 5(1)(b) of the Road Traffic Act which provides that it is an offence if someone is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.

This is normally a very easy case for the Procurator Fiscal to prove as the court will generally take the view that if a driver is within the vehicle then they are in de facto control of it. However, a very specific defence of there being no likelihood of driving exists in relation to this offence which, if prepared by and presented by our specialist team of Road Traffic Defence Solicitors, could save your driving licence.

Section 5(2) of the Road Traffic Act 1988 provides that It is a defence if, at the time a person is alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

Drunk in Charge of a Vehicle Offence Solicitors Glasgow

Many aspects of the circumstances of your case will be considered by the court when considering this defence such as your position within the vehicle, the location of the keys, whether the engine was running etc. However, what is critical is what your plans were and, if you intended to drive at some future point, when this would be. The level of alcohol would have had to have been below the prescribed limit for your defence to be successful.

Our specialist Road Traffic Defence Team have access to the country’s best toxicologists who will provide an expert report to assist with your case and will use their expert knowledge of the relevant case law in your fight for your driving licence.

The penalties for this offence include:

  • Discretionary disqualification


  • 10 penalty points

At Scullion LAW, we know that every client and every set of circumstances is unique. We work hard to make sure you receive clear, uncomplicated legal advice you can trust in an open and friendly environment at all times. We also make sure your legal fees are no obstacle and are fair, reasonable, transparent and agreed in advance. We want you to focus on the matter in hand and trust us to fight your corner.

Our highly accomplished, award winning team of Road Traffic Solicitors have honed their skills representing clients in their drunk in charge of a vehicle cases in every Scottish court for almost 40 years. We will represent you with confidence, experience and expertise. The growth of our Road Traffic Team is testament to our solid track record of achieving successful outcomes for our clients. When your livelihood and your future are at stake, you cannot settle for second best, you need specialist Road Traffic Defence Lawyers that get results, so DON’T PANIC! Contact us now to discuss your case. #keepingyoudriving.

Contact Scullion LAW Drunk in Charge of a Vehicle Defence Lawyers Glasgow, Hamilton, Paisley, Lanark & Dumfries Today

With such serious penalties available to the court for being drunk in charge of a vehicle, even avoiding a discretionary disqualification could result in a Totting Up disqualification for anyone with points on their driving licence. Choosing the right solicitor could save your driving licence, so do not take any risks, take control and contact us now! We cover all areas of Scotland including Glasgow, Hamilton, Lanark, Lanarkshire, Strathclyde, Edinburgh, Inverness, Bearsden, Bothwell, Uddingston, Stirling, Milngavie & Dumfries.

Call our expert Road Traffic Defence Team in Glasgow on 0141 374 2121 & Hamilton on 01698 283 265 or fill out our online form and we will call you back within 24 hours. You can even send us a direct message via Facebook Scullion LAW Road Traffic Experts.

Please remember that Scullion LAW Road Traffic Experts is part of a full service, high street law firm and we are on hand to help you with all your legal needs.

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