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 Geoffrey Miller Solicitors are specialist Drunk in Charge Solicitors. Call our team of expert drunk in charge solicitors for some free initial advice.

100 percent drink and drug blood cases and urine 2015

We are Drunk in Charge Solicitors who…

WON 100% of our Blood Drink and Drug Driving cases in 2015.

WON 100% of our Urine Drink Driving cases in 2015.

With a 92% Overall Success Rate for Drink and Drug Driving cases in 2015.

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Drunk In Charge Penalty

You may think that “sleeping it off” in your car is a perfectly legal thing to do but you could face a serious prosecution of being drunk in charge of a motor vehicle. The good news is that the drunk in charge offence is not as serious as the related offence of drink driving and there is no mandatory 12 month ban although a ban it’s not out of the question for this offence. There is a fairly significant mandatory minimum penalty of 10 penalty points which, if convicted, could lead you to being banned under the “totting up” procedures if you have 3 points or more already on your licence.

To secure a conviction for being drunk in charge, the Crown must prove that you were in charge of a motor vehicle in a public place whilst unfit or over the prescribed limit of alcohol.

Drunk in charge of a motor vehicle UK

When determining whether you were drunk in charge of the vehicle the Court will take into account the following issues:

  • Where you were sitting;
  • What you were doing;
  • Where the keys were; and
  • Whether there was any evidence of you having an intention to take control of the vehicle.

Being asleep at the wheel of a car with the key in the ignition could be found to be drunk in charge.

Whilst unfit

The Prosecution must introduce evidence of alcohol or drug consumption to the extent that it would have impaired a person’s ability to drive. This can be done by producing evidential breath, blood or urine test results but is commonly achieved by introducing evidence about the manner of driving.

But I was only sat in my car and I didn’t intend to drive!

Unlike many other criminal allegations where it is down to the CPS to prove you have committed an offence, with the offence of being drunk in charge if you intend to defend the allegation it is up to the accused to prove that you had no intention of driving the vehicle. These defences are referred to as “statutory defences”. There is a statutory defence available to the offence under s 4 and 5 of the Road Traffic Act 1988.

Section 4

The defendant must prove that it was more likely than not that he would not have driven so long as he remained unfit to do so in which case, he is not considered to be in charge.

Section 5

The defendant must prove that it was more likely than not that he had no intention of driving whilst the level of alcohol in his breath, blood or urine remained above the prescribed limit in which case, he is not considered to be in charge.

With the driver who sleeps it off in their car, there is always a risk that the police may allege that they would have driven when awake but still over the limit.

Fighting the drunk in charge allegation

Our specialist team of lawyers and experts will review all of the evidence against you and advise you of the strengths and weaknesses of the case. We may be able to secure your acquittal if we can prove that you had no intention of driving the vehicle, there has been an inaccurate breath reading or if there is a technical defence.

Pleading guilty to drunk in charge

Take a look at the penalty pdf for more details of the possible punishments for this offence that range from some or all of the following:

  • A fine;
  • A community order;
  • A minimum of 10 penalty points; or
  • A disqualification period of up to 12 months.

If you plan on pleading GUILTY to the offence of careless driving it is important to have a specialist representative to ensure that the Court imposes the lowest penalty possible especially if you are at risk of being disqualified.

Not Sure What to Do?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 08000 85 27 84 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

Call Us Now on 08000 85 27 84

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of motoring offences. Call our team of expert motoring solicitors for some free initial advice.


“After a sleepless night, I searched the internet for help and contacted three law firms. Geoffrey Miller was the fastest to get back to me, the most reassuring and professional by far. Having met with solicitor Tara Boyle, I knew they would do the best for me. I was acquitted. I cannot recommend them enough… Read More

Anonymous 18 Drink Driving Testimonial
Drink Driving / Acquitted

“Geoffrey Miller Solicitors are outstanding. From the first day I called them about my accusation of drink driving, they calmed me down and helped me each step of the way. The barrister at my trial was first class, delivered the verdict I was hoping for and saved my driving licence. Would recommend to anyone else in the same situation… Read More

Mr Mead Drink Driving Testimonial
Drink Driving / Acquitted

“I was arrested for drink driving and blew over the legal limit at the roadside. After speaking with Geoffrey Miller Solicitors, I knew that this was the company I wanted to fight my corner. I cannot thank them enough for their expertise, time and care in helping me through a terrible time. I would recommend them without any hesitation… Read More

Mr Lee Drink Driving Testimonial
Drink Driving / Case Dropped

“Geoffrey Miller Solicitors were brilliant handling my drink driving case. Geoffrey Miller Solicitors calmed me straight away, were professional in their service. They were fully informative at all times and in the court room got the best possible result they could have with a ban reduced. An excellent service all round!… Read More

Anonymous 16
Drink Driving / Ban Reduced

“I obviously cannot thank you enough. I was told by a top criminal London lawyer when I was charged that there was no point in challenging this. You have done exactly what you said you would do and it is clear your drink driving success rates are hard earned and not just fantasy. Very many thanks to you and all your team involved!… Read More

Anonymous 15
Drink Driving / Acquitted

“Facing a tough drink driving case, GM were able to structure, manage and execute a winning argument and gain a result at the end. The service from start to finish, was second-to-none. I would recommend anyone to use Geoffrey Miller if they need a law firm who really does care about each case and most importantly gets results… Read More

Mr Whitehouse
Drink Driving / Acquitted

“After being wrongly charged with drink driving I knew I needed help. From start to finish Geoffrey Miller Solicitors explained why the charges would not stand up to their scrutiny. The whole sorry saga played out exactly as outlined in my first conversation with Jeanette Miller. These guys really know what they are doing!… Read More

Mr J
Drink Driving / Case Thrown Out

“I looked online and called a few solicitors who specialise in motoring offences. Jeanette was the most switched on and gave the best legal advice how to proceed. I felt confident instructing her. I got the best possible outcome and my plea of exceptional hardship was successful and I received a reduced fine. Really pleased… Read More

Mrs K
Totting Up / Ban Avoided

“After one phone call with Geoffrey Miller Solicitors I was immediately more confident and it felt like a weight off my shoulders. All charges against me were dropped and I was acquitted. I would highly recommend Geoffrey Miller Solicitors to anyone who has found themselves in any trouble related to a drink driving offence… Read More

Mr M
Drink Driving / Acquitted

“From the very first time I spoke to Geoffrey Miller Solicitors. I knew this was THE ONLY firm that was really listening and understood my problem. Without Geoffrey Miller I would not be where I am today, acquitted. If you are serious about defending your motoring offence then Geoffrey Miller are the only firm to represent you… Read More

Mr R Raj
Drink Driving / Acquitted


Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme - “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

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Do You Want To Feel Like Brian?

Take a look at this live footage taken from ITV’s documentary "Driving Me Crazy" showing our client, Brian Wiltshire walking out of Preston Crown Court after securing a victory in appeal against a speeding conviction. This could be you…


The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving penalty calculator or our speeding penalty calculator to give you a rough idea of the penalty you could incur…

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We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

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Geoffrey Miller Solicitors is a trading name of Jeanette Miller Law Limited, a Limited Company Registered in England and Wales. Company No: 8214795.
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