Driving under the influence of alcohol is a serious offence in the United Kingdom and is governed by specific laws outlined in the Road Traffic Act 1988. Within this legal framework, there are two distinct offences: driving with excess alcohol and being in charge of a vehicle with excess alcohol. While both offences involve alcohol and vehicles, there are notable differences in their definitions, penalties, and circumstances.

Driving with Excess Alcohol

This offence occurs when an individual drives or attempts to drive a motor vehicle on a road or other public place with excess alcohol in their breath, blood, or urine. In simpler terms, it means operating a vehicle while over the legal alcohol limit.

Penalties

• Fine: Offenders can face an unlimited fine, meaning the court can impose a fine without any upper limit. This can vary depending on factors such as the level of alcohol in the individual’s system, any aggravating circumstances, and the discretion of the court.
• Custody: In addition to or instead of a fine, offenders may be sentenced to custody for up to six months. This means that they could face imprisonment due to their actions.
• Driving Ban: There is a mandatory minimum penalty of a 12-month driving ban for individuals convicted of driving with excess alcohol. This means the offender will be disqualified from driving for at least one year.
• Reduction through DDRS Course: However, there is an opportunity for offenders to reduce the length of their driving ban by 25% if they complete a drink-drive rehabilitation scheme (DDRS) course. This course aims to address the offender’s behaviour and attitudes towards alcohol and driving, potentially reducing the risk of reoffending.

Aggravating Factors

Factors that can worsen the penalty include previous convictions, carrying passengers, displaying an unacceptable standard of driving, involvement in an accident, or being in an area with high traffic or pedestrians.

Mitigating Factors

On the other hand, certain circumstances may mitigate the penalty, such as having no previous convictions, facing a genuine emergency, having one’s drink spiked, driving a short distance, showing remorse or good character, or being the sole or primary carer for dependent relatives.

Being in Charge of a Vehicle with Excess Alcohol

This offence involves being in control of a motor vehicle while above the legal alcohol limit or unfit to drive due to alcohol consumption, even if the individual is not actively driving the vehicle at the time of apprehension.

Penalties

• Fine: Offenders can face a fine of up to £2,500. The fine amount can vary depending on factors such as the level of alcohol detected, any aggravating circumstances, and the court’s discretion.
• Custody: In addition to or instead of a fine, offenders may be sentenced to custody for up to three months. This means that they could potentially face imprisonment as a consequence of being in charge of a vehicle with excess alcohol.
• Licence Points: Offenders may receive 10 points on their driving licence. Accumulating points on a driving licence can lead to further penalties, such as a driving ban, if a certain threshold is reached.

Defence

A key aspect of this offence is the defence that the defendant must prove they had no intention of driving. Factors supporting this defence include not having the keys, not being in the driver’s seat, the presence of other people who could have driven, or a lack of evidence of an attempt to start the vehicle.

Key Differences

The primary differences between these two offences lie in the severity of the penalties and the specific circumstances surrounding the offence. Driving with excess alcohol carries harsher penalties and is typically applied when there is clear evidence of driving under the influence. Conversely, being in charge of a vehicle with excess alcohol is used when it cannot be proven that the individual was actively driving.

Conclusion

Understanding the distinctions between driving with excess alcohol and being in charge of a vehicle with excess alcohol is crucial. While both offences involve alcohol and vehicles, they carry differing penalties and are applied under different circumstances.

Driving with excess alcohol results in severe penalties, including fines, potential custody, and a mandatory driving ban. In contrast, being in charge of a vehicle with excess alcohol can lead to significant penalties, custody, licence points, or further fines.

Responsible behaviour behind the wheel is essential for road safety and community well-being. By adhering to legal limits and avoiding situations where one may be deemed in charge of a vehicle under the influence, individuals can contribute to safer roads and communities.