Drinking in a parked car?

[Mountainlove]

Does anyone knows the exact rule of drinking in a parked car?
I asked around and was told that as long as the keys are not in the ignition or in reach it is ok to sit in the car and have a drink (as long as you dont drive afterwards )

So for when you camp close to your tent, one could always leave the keys in the tent...but what about people who sleep in the car...what is the best place to store the keys?

Many thanks for your answers...the answers might be interesting for others as well.

[KeithS]

If you have a drink when you are sat in a car, whether or not the keys are in the ignition you are in danger of being 'drunk in charge'. The only way you might get away with it is if the keys are not in the car and you could not get them.

The rules for campers or motorhomes are different as the law specifically changes its classification when it stops becoming a vehicle and starts to be your living place.

You will have to make sure you stick to your special non alcoholic wine.

[foggieclimber]

You can be found "drunk in charge" for simply getting into the car with the keys while under the influence.

[KeithS]

You don't have to be in the car to be 'drunk in charge'.

[andyfitz]

The relevant law is section 5(1)(b) of the Road Traffic Act 1988. The statutory defence is that there was no liklihood of driving whilst over the limit. This has led to A LOAD of case law addressing this point, as well as what amounts to being in charge. Keys are not necessarily a decisive factor. A car can be legally driven without starting it and you could be in charge without having the key. It's not just as straight forward as where the keys are. Best advice would be to avoid being in the car drinking. Even if you are not "drunk" in charge it's probable that most folk would rather avoid the trial to establish that.

[laconic surf]

Draconian British nonsense
When I did my driving test in Mozambique the law only stated that it was illegal to drive over potholes whilst under the influence of alcohol. Presumably being that you may lose control of the vehicle and not have the reaction speed to correct yourself.
I loved the idea that you could be totally blootered but as long as you could successfully weave your way around the holes you couldn't be done. The fact that there aren't any roads without potholes there I decided was in fact a piece of ingenious legislation. Sadly i heard this law has been scrapped for a more sensible but less entertaining one

[dawnfoth]

Whilst waiting for a friend in the Lake District (obviously England so not sure if this makes a difference - one would presume not for traffic offences), I went for a couple of drinks and returned to my car to wait on him. He phoned me and I told him what I had been up to and he promptly told me to get my backside in the passenger seat as I could be done for being behind the wheel regardless of whether I had any intention of driving or not. I had no intention of driving or getting a fine or points on my licence so sat like a wally in the passenger seat. He is a policeman too and so I did as I was told!

[Milesy]

So for when you camp close to your tent, one could always leave the keys in the tent...but what about people who sleep in the car...what is the best place to store the keys?

It is up to any police officer to make the decision at the time and use their judgement. I know people who do it while camping in their cars in Skye etc. Just make it absolutely obvious that you have no intention to drive the car. So if slreping in the car that can be as simple as changing into your "jammies", having your sleeping bag unrolled, seats reclined, and the general view to anyone looking that you are actually indeed sleeping in it. I cant imagine any officer who would see that and then decide to book you on it.

[KeithS]

Whilst waiting for a friend in the Lake District (obviously England so not sure if this makes a difference - one would presume not for traffic offences), I went for a couple of drinks and returned to my car to wait on him. He phoned me and I told him what I had been up to and he promptly told me to get my backside in the passenger seat as I could be done for being behind the wheel regardless of whether I had any intention of driving or not. I had no intention of driving or getting a fine or points on my licence so sat like a wally in the passenger seat. He is a policeman too and so I did as I was told!

You can still get done for being drunk in charge even if sat in the passenger seat.

Draconian British nonsense
When I did my driving test in Mozambique the law only stated that it was illegal to drive over potholes whilst under the influence of alcohol. Presumably being that you may lose control of the vehicle and not have the reaction speed to correct yourself.

That law would work in Sheffield, all the roads have got potholes.

[andyfitz]

I wouldn't want to rely on a police officer exercising sound judgement or common sense.

[Fudgie]

You can be found "drunk in charge" for simply getting into the car with the keys while under the influence.

I now someone who was done for it. Got into the car but sat in the passenger seat whilst in possession of the keys.

[IainG]

There is case law on exactly this when using a campervan. There is a simple rule, put the kettle on the stove before drinking any alcohol which demonstrates that your transport has now become accommodation. I'm not sure how this could apply to car, but I think reclining seats, maybe fitting a windscreen cover, or piling all your kit in the drivers position and footwell might help demonstrate that it's become your accommodation?

[rohan]

Being a camper-vanner I asked a group of local (Grampian) police who were on a course with me. Unanimously they said that they would charge anyone NOT on a recognized campsite if they were found to be under the influence. They regard anyone in a car to be in charge of that car. I cited the case were a pal had the keys inside the hotel they were staying in whilst I was in my van in a public car park near by. They told me that they would still regard me as being in charge. There maybe case law around but I would rather not go through the hassle of being taken to a police station and the subsequent stress etc. My job also depends being able to drive. I suspect Highland and Islands Police may take a more pragmatic approach but if you are in the Grampian Police jurisdiction I wouldn't risk it.

[stevesey]

From memory, the cases I've heard about of people being done for being drunk in charge when "sleeping it off" in the car, or even just getting a coat from the car (having phoned a taxi), normally relate to pub car parks etc - when the police could suspect that you may have had the intention to drive off to your comfy bed (until you saw them). I'm sure there must be other cases in other locations, but if we are talking about more remote areas and if you are parked next to your tent or have a bed roll laid out in the car etc (as already suggested) to suggest you have any intention of moving the vehicle would be another level of zelatory again!

But as rohan says - do you want to risk it?

Equally, and maybe I'm just a lightweight , assuming I've just consumed a hearty carbohydrate laden meal, would I want to be drinking enough to put me over the limit, when I'm going to be up early for a strenuous walk?

[andyfitz]

I should perhaps mention that my earlier advice to avoid drinking in the car is based on 25 or so years of defending these cases in court. As I also mentioned, don't rely on the consistent application of common sense by the constabulary.