Hypothetical Drink Driving Question

Phil the Brit

Member
Messages
1,499
If I have a motorhome and pull up in a layby for the night, then have a few drinks in the living area what is my legal position on being drunk in charge of a vehicle. Lets say I am sitting in the sitting area watching TV and then intending going to bed in the bedroom afterwards.
Does anyone know please.
Phil
 

Ebenezer

Member
Messages
4,442
I've heard from people younger than myself who go to house parties, and sleep in their cars after - Car keys are left in the house or in the exhaust pipe, but not in the car.
Eb
 

GeoffCapes

Member
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14,000
I've heard from people younger than myself who go to house parties, and sleep in their cars after - Car keys are left in the house or in the exhaust pipe, but not in the car.
Eb

A friend of mine got done for drink driving after doing something similar.
However, he put the keys in the ignition (didn't turn on the engine) and fell asleep. The police successfully argued that there was no way of him proving that he never intended to drive.
And there was sufficient proof that he intended to drive by putting the keys in the ignition.

Apparently the safest way is to fall asleep in the passenger seat with the keys in your pocket.
 

Contigo

Sponsor
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18,376
Keys on your person as a registered keeper or named driver on said vehicle are a no no in the eyes of the plod. Best to hide the keys somewhere or remove the battery so the RV ain't going anywhere. I've heard of kids who have been to raves and slept in the car with keys on them being done for drink driving or "drunk in charge" of a motor vehicle whilst under the influence of alcohol or controlled substances.

This explains most of the in's and out's

https://www.outandaboutlive.co.uk/motorhomes/news/alcohol-and-your-motorhome-know-the-law
 

RSM Masser

Member
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2,437
My eldest got caught after a night out, in a car park, keys still in handbag. Police made a point of prosecuting - she got done, drunk in charge. 12 month ban, £500 fine.

Phil at a guess I would say if the copper was an ar4se then you would have no chance and face the beak with a DIC hanging over you.
 

Corranga

Member
Messages
1,219
Presumably if it went to court, you'd have a decent chance of arguing that you weren't going to be driving it if they found you...
In the shower / in the back watching TV / On top of the wife / in the toilet / making a fry up.

I kinda get the drunk in a car thing, since it's primary use is to transport you around, but being drunk in a motor home , well, it's plain to see that it's also a home...
 

conaero

Forum Owner
Messages
34,593
I do think that the police would not prosecute as the above have said, its a dual purpose motor vehicle so in court it would be difficulty to make a prosecution stick and plod would not waste their time.

Put the keys somewhere not in the cockpit (or the wife handbag, he he) then you will be fine.
 

spkennyuk

Member
Messages
5,930
My eldest got caught after a night out, in a car park, keys still in handbag. Police made a point of prosecuting - she got done, drunk in charge. 12 month ban, £500 fine.

Phil at a guess I would say if the copper was an ar4se then you would have no chance and face the beak with a DIC hanging over you.

Phil you dont want a DIC hanging over you under any circumstances ! :lol2:
 

Jkulin

Junior Member
Messages
983
I would either hand the keys to whoever was joining me for a drink or hide them in the battery compartment or in one of the outside compartments so that you can claim that you do not have the keys on you.
 

Needamaser

Member
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1,491
Why not just phone local police station and ask one of the traffic guys and see what they say?
Saves speculation.
 

mjheathcote

Centenary Club
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9,033
But why would you pull into a layby for the night, a camp site yes, private property no problem, but on the public highway, no thanks!
 

RSM Masser

Member
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2,437
So, it's Friday, I have had several beers, keys are in my pocket and car is on the drive.
Am I drunk in charge?
 

D Walker

Member
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9,827
My two peneth from when I was a soldier(younger) obviously, and RSM Masser may know of the event. In Germany we used to go to a 48 hour "disco" in a german town. There was no accommodation so we used to sleep in cars, but we used to hand the keys in with Military plod, leave car open and we couldnt get the keys back until one of us passed the obligatory breath test. I can still remember wondering if one of us was going to be sober enough to enable us to get back to work Monday 8am........was touch and go!!!
 

Phil the Brit

Member
Messages
1,499
Thanks for all the advice guys, very useful information. It seems the critical bit is not sitting in the drivers seat and having the keys in a location that clearly demonstrates the vehicle is not going to be used in the near future. Say in a closet in the bedroom at the back.
 

RSM Masser

Member
Messages
2,437
My two peneth from when I was a soldier(younger) obviously, and RSM Masser may know of the event. In Germany we used to go to a 48 hour "disco" in a german town. There was no accommodation so we used to sleep in cars, but we used to hand the keys in with Military plod, leave car open and we couldnt get the keys back until one of us passed the obligatory breath test. I can still remember wondering if one of us was going to be sober enough to enable us to get back to work Monday 8am........was touch and go!!!

I have heard of that and similar cases - it would never pass today.
The military have realised they have a drinking problem and to discourage this spurious behavior where squaddies enjoyed alcohol at every opportunity, the Sgt's Mess was always open at lunchtime for a couple of jars (sadly I hadn't been deemed suitable to reach that sufficient rank at the time) the current anti alcohol regime requires being breath tested as you leave a military establishment, if the bars are open or, if it is before 0800 the day after they closed - at 2230.
You can pity the poor lad on the gate "Ok sir, have you had a beer.......?"

Of course this is voluntary so if your pis55ed just wave at the gate guard, it will open and off you go, no questions asked.
 

sneax

New Member
Messages
5
if this was a US law, it'd be alright, obviously depending on the state, but then the motorhome is at often times treated as a home, but that's depending on whether you stay in the parking area.