In charge of a car with excess alcohol
I was just looking up the blood alcohol content level allowed to drive and found out that being in charge of a car whilst drunk is apparently illegal. So if I drive out to a restaurant for dinner and have a few drinks with absolutely no intention of returning home in my car (something hundreds of people do) I can lose my licence if I'm found with car keys? That sounds ****ing ridiculous, it's actually a serious offence just to have car keys on you whilst drunk?
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Original post by deedee123
I was just looking up the blood alcohol content level allowed to drive and found out that being in charge of a car whilst drunk is apparently illegal. So if I drive out to a restaurant for dinner and have a few drinks with absolutely no intention of returning home in my car (something hundreds of people do) I can lose my licence if I'm found with car keys? That sounds ****ing ridiculous, it's actually a serious offence just to have car keys on you whilst drunk?
No. It would be illegal if you were found sitting in your car having had too much to drink. Just having car keys on your person isn't an offence.
It's so they can prosecute people who clearly intend to drive without actually having done so yet.
(edited 10 years ago)
Original post by JC.
It would be rediculous if your interpretation of the law was correct.
However, they usually apply it to someone sat in the drivers seat with the keys in their hand.
However, they usually apply it to someone sat in the drivers seat with the keys in their hand.
Original post by pane123
No. It would be illegal if you were found sitting in your car having had too much to drink. Just having car keys on your person isn't an offence.
It's so they can prosecute people who clearly intend to drive without actually having done so yet.
It's so they can prosecute people who clearly intend to drive without actually having done so yet.
What if you went back to your car to get something?
Original post by deedee123
What if you went back to your car to get something?
Then I would hope some common sense would be exercised. I can't imagine what you would be going back to get that would require you to sit in a way that made it look like you were about to drive off.
Original post by deedee123
What if you went back to your car to get something?
I do know of someone who was breathalysed when she went to her car boot. However she hadn't actually been drinking so don't know what would have happened.
You tell the the truth, that you're just waiting for a mate like. 
Original post by deedee123
What if you went back to your car to get something?
Open the passenger door then if you're paranoid.
Just had a look at some interpretations of the law on some solicitors websites, and it seems the OP is correct. Quite a ridiculous law, and apparently it is up to you to prove that you weren't going to drive rather than the police officer to prove that you were. How exactly can you prove that you were just nipping to your car to pick up your coat or something?
Original post by Beska
Just had a look at some interpretations of the law on some solicitors websites, and it seems the OP is correct. Quite a ridiculous law, and apparently it is up to you to prove that you weren't going to drive rather than the police officer to prove that you were. How exactly can you prove that you were just nipping to your car to pick up your coat or something?
Unfortunately there are a few laws these days which seem to be guilty until proven innocent.
Original post by ROG.
Plan not to drink if driving and if it goes awry plan an alternative = its not difficult
this has nothing to do with me drinking whilst driving? The thread is about a law stating that having car keys on your person whilst drunk seems to be a criminal offence, which is ridiculous.
Original post by deedee123
this has nothing to do with me drinking whilst driving? The thread is about a law stating that having car keys on your person whilst drunk seems to be a criminal offence, which is ridiculous.
I don't know why, but every thread has some idiot offering advice that has nothing to do with the subject.
Original post by pane123
Then I would hope some common sense would be exercised. I can't imagine what you would be going back to get that would require you to sit in a way that made it look like you were about to drive off.
lmao
Original post by deedee123
I was just looking up the blood alcohol content level allowed to drive and found out that being in charge of a car whilst drunk is apparently illegal. So if I drive out to a restaurant for dinner and have a few drinks with absolutely no intention of returning home in my car (something hundreds of people do) I can lose my licence if I'm found with car keys? That sounds ****ing ridiculous, it's actually a serious offence just to have car keys on you whilst drunk?
No, you can be arrested if the police suspect that you intend to drive while drunk, but that couldn't be done if you were simply out and about with car keys in your pocket.
My sister was arrested a few years ago because after a night out she was too drunk to drive home, so she went and slept in her car. The arrest was made because she was behind the wheel of a motor vehicle, with the keys, while drunk, so despite the fact that she had the keys in her pocket, was asleep, and wasn't going to drive it till the next morning, she could still be arrested because it appeared as if she had the intention of driving drunk.
Original post by Beska
Just had a look at some interpretations of the law on some solicitors websites, and it seems the OP is correct. Quite a ridiculous law, and apparently it is up to you to prove that you weren't going to drive rather than the police officer to prove that you were. How exactly can you prove that you were just nipping to your car to pick up your coat or something?
Was going to reply to the OP then got seriously distracted by your avatar.... Now have no idea what I was going to say... Damn it, hypnotic avatar!
As always, common sense prevails. I am sure someone has been caught about to drive off, over the limit, and has pleaded "but I was just getting something out of the glove box,I knew I couldn't drive, and had no intention of driving". If the police, or anyone else thinks someone is about to drive off, drunk, they should stop them from doing so.They will have their day in court to protest their innocence. If they really had to return to their car to collect something important, like medication, that will be the defence, and you will be expected to provide some evidence. It is clearly nonsensical to suggest that possession of car keys alone could result in prosecution. Most people keep all sorts of keys in their possession, keys to several cars, workplaces,pcs, homes- no-one would suggest that when you were falling out of a club rat-arsed at 5am you intended to use them. If, however, you staggered to your car and sat in the driving seat, it would be reasonable to assume you intended to drive home. For the prosecution to succeed, the police have to provide two things: the criminal act, and the intention to commit it.If you can provide evidence that one or the other did not apply to you, you are home and dry. The criminal act in this case is sitting in the driving seat of a car drunk, all you have to do is persuade the beak that you did not intend to drive.
Original post by officelinebacker
No, you can be arrested if the police suspect that you intend to drive while drunk, but that couldn't be done if you were simply out and about with car keys in your pocket.
My sister was arrested a few years ago because after a night out she was too drunk to drive home, so she went and slept in her car. The arrest was made because she was behind the wheel of a motor vehicle, with the keys, while drunk, so despite the fact that she had the keys in her pocket, was asleep, and wasn't going to drive it till the next morning, she could still be arrested because it appeared as if she had the intention of driving drunk.
My sister was arrested a few years ago because after a night out she was too drunk to drive home, so she went and slept in her car. The arrest was made because she was behind the wheel of a motor vehicle, with the keys, while drunk, so despite the fact that she had the keys in her pocket, was asleep, and wasn't going to drive it till the next morning, she could still be arrested because it appeared as if she had the intention of driving drunk.
Technically she was planning to drink-drive if her plan was to drive off the next morning, since chances are she would've still been over the limit when she first woke up.
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