Specialist 'Drunk in Charge' Solicitors

Call 0161 832 3852 today



The Offence ‘Drunk In Charge of a Vehicle’ is a serious motoring offence, where, if you are found guilty, you will have your drivers’ licence endorsed with a DR10 driving conviction.

A DR10 ‘Drunk in charge of a vehicle’ conviction can lead to prosecution resulting in penalty points, a fine and a custodial sentence of up to 6 months in prison.  It’s important to note that a driver can be charged with this offence even when the police have no evidence to prove the ‘driving’ element of the offence. 

If you are facing a drunk in charge conviction it is vitally important you seek legal advice as early as possible.

At Brian Koffman & Co., we offer the best privately funded defence representation to all motoring offences. With over 40 years of experience in Road Traffic and Driving Law and a positive result rate of over 96%, we are here to help. 

Contact us today on 0161 832 3852 or complete the enquiry form below to ensure the best possible outcome in your case.

spencer orme
spencer orme
12:17 20 Dec 21
Brian was fantastic with his services, his professionalism, his extensive knowledge put me at ease. Everything he did was to the absolute best of his ability. I can’t thank him enough for... representing me in my caseread more
Tim Gill
Tim Gill
15:37 07 Dec 21
Very professional service with attention to detail. Highly recommended!
Steven Brown
Steven Brown
20:23 30 Nov 21
I recently enlisted the services of Brian Koffman to represent me in court for a speeding offence.Right from my first discussions with Brian I found him very friendly and highly professional.He... explained everything in detail and in an easy to understand method.In court Brian put my case forward with great experience and professionalism and we both got the outcome we hoped for.I wouldn't hesitate in recommending Brian to anyone.read more
Hamid Mian
Hamid Mian
16:48 18 Nov 21
I needed immediate legal assistance regarding a recent motoring offence. Mr. Brian was very professional and talked me through the case and my options. I would highly recommend to anyone in need of... legal advice.read more
Cameron Bruce
Cameron Bruce
19:24 18 Oct 21
Brian was very helpful and communication was brilliant throughout the process. He got me the best possible result on the day without the need to attend court. Would highly recommend his services.
Shananay Watson
Shananay Watson
16:10 13 Oct 21
I searched endless for a trusted motoring solicitor and couldnt find anyone i deemed suitable until B.Koffman & Co.In recent months Mr. Koffman has dealt with everything associated with my Fathers... case from phonecalls to documentation ect.Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!I cannot recommend him enough, everything was done to perfection and no stone was left unturned.5* absolutely.If ever you have a motoring issue Mr. Koffman is the man to see.We have already recommended him to friends and will continue to do so.Thank you again Mr. Koffmanread more
Emma Bingham
Emma Bingham
18:12 24 Sep 21
I went to Brian when I received a letter due to a driving offence. He fully explain what I was being charged with and the options that were available to me. Brian represented me in court and in the... end managed to achieve a better than expected outcome. I would have no hesitation in recommending Brian to anyone and highly recommend.read more
Andrew Ritchie
Andrew Ritchie
14:53 28 Jul 21
I cannot thank Brian enough for the amount of commitment he put in to my case! He was able to explain the court process in simple terms, and I felt at ease knowing that someone so highly professional... was dealing with my case. His advice resulted in the case being dropped and it ended in my favour. After my experience I would definitely recommend Brian, as he handled everything so efficiently. If anyone is looking for a motoring and criminal law solicitor that goes above and beyond, Brian is YOUR MAN!read more
Chris Edward
Chris Edward
13:47 06 Jul 21
I highly recommend the team at Motoring Offence Solicitors. They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely... amazing value. Thank you Brian and teamread more
Ged Cosgrove
Ged Cosgrove
18:17 13 Jun 21
I have had to use Brian’s services on a few occasions and have also recommended his services to clients, friends and family. I have always found Brian to be professional In my dealings with him, he... explains everything in layman’s terms and has always advised as to the right course of action. I have never been disappointed and have always been happy with the final outcome.read more
Louis Barron
Louis Barron
14:20 11 Jun 21
I called Brian at very short notice about handling a case for me and he was incredibly helpful straight away - he clearly explained the situation and my options, and represented me at court to... prevent me having to travel across half the country.He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!Thanks again Brian.read more
Emma Wright
Emma Wright
11:37 11 May 21
I cannot thank Brian enough for all his hard work involved in helping me get the best possible outcome for a recent motoring offence. Brian has been very responsive and articulate throughout the... whole process which has made me feel at ease knowing I am dealing with a professional at the scary time of preparing for and going to court. I will recommend Brian to anyone who needs a professional to help them with any motoring offences.Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.Thank you again for helping me.read more
Andrea Lumb
Andrea Lumb
10:59 23 Apr 21
I have recently had the pleasure of dealing with Brian regarding a motoring offence for a close friend of mine. Brian has been amazing throughout the whole process with regular and clear... communication. Brian is professional and extremely knowledgeable in his field of expertise. Furthermore, and more importantly, Brian managed to get my friend the best possible outcome that we just didn’t think was possible. Hopefully, I never have to use Brian personally, however if I do commit a motoring offence, he will definitely be the man I call. I have already referred a family member of mine to Brian as I know he will be taken care of.Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.read more
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There is no set definition of exactly what it means to be ‘in charge’ of a vehicle, but you certainly don’t have to be driving. You don’t even have to be in the vehicle at all.

In simple terms, it means you are responsible for the control of a motor vehicle while having levels of drugs or alcohol in your blood above the legal limits.

The most common situation for these cases to arise is when a motorist who is in excess of the prescribed limit of alcohol is found inside a car but is not driving.

The difference between ‘drunk in charge’ and ‘drunk driving’ is where the police are unable to prove that you drove.


Having possession of the keys is a good indication that you are in fact ‘in control’ of the vehicle. Being in, or close to, the car significantly enhances the likelihood that you are ‘in charge’ of the vehicle in the legal sense. It is for the Court to decide whether this is the case or not depending on the circumstances of your case.

If the following three conditions are met, you are likely to be considered drunk in charge of a vehicle:

  • You are unfit to drive through drink or drugs
  • You are in a public place
  • You have the intention of driving

The police will have to prove that you intended to drive. Unless this can be done, there will be no conviction.

Examples of being drunk in charge of a vehicle are:

  • Being near the car
  • Being in the general vicinity of the car
  • Sitting in the passenger seat with or without keys in the ignition
  • Being asleep in the car

Basically, anything that indicates to the police that you intended to drive the car at some point in the future, while you were over the limit.

However, if somebody else had driven the vehicle, but they’ve got out leaving you in it, and you were not aware of this, you are not in charge.


If you are drinking alcohol, you can avoid being classed as drunk in charge of a motor vehicle by:

  • Parking on private land
  • Giving your car keys to somebody else
  • Making a booking with a taxi driver to collect you at a prearranged time
  • Organising a lift with somebody else

If you are unfit to drive through drink or drugs, you should take steps to ensure that you don’t fall into the broad category of being ‘in charge’ of a vehicle.


Being drunk in charge of a vehicle is quite different from facing a drink-drive case. 

A driver can be charged when the police have no evidence to prove the ‘driving’ element of the offence.

For this reason, being found guilty of being drunk in charge of a vehicle is less severe than being convicted of drink driving.

However, there is a mandatory minimum of 10 penalty points, which could lead to a lengthy ban under the ‘totting up’ procedure for offenders who have three points or more on their licence.

Despite an offence of being ‘drunk in charge’ being deemed as less severe than a drink driving offence, if you have been found to be ‘drunk in charge’ of a vehicle we highly recommend that you talk to one of our specialist drink driving solicitors.

Talk to an experienced motoring offence solicitor today.

or Call 0161 832 3852


When a magistrates court sentences someone of being ‘drunk whilst in charge of a motor vehicle’ (DR10) they use the following guidelines:

  • 10 penalty points, or a period of disqualification
  • Up to £2500 fine, a community order or a custodial sentence of up to 3 months 


If you have been charged with this offence then you will need to prove that there was no likelihood of you driving your vehicle whilst you remained in excess of the alcohol limit.

Examples of this could be where a person decides to sleep in their car after a night out and they may have switched the engine on to keep warm. You would have to convince the court however that when you woke up you would not have driven home while still over the limit. To do this you would need to show them evidence of exactly when you intended to drive, if at all, as well as alternatives to driving if you could not, eg public transport etc.

Drivers who can show there was absolutely no chance of them driving whilst over the limit can be acquitted.

We would also check the following:
  • There was evidence that proves the accused was in charge of the vehicle
  • If there were any errors in a procedure by the police. For example, have they followed the correct procedure when taking the sample of blood, breath or urine?
  • Has the sample of blood, breath or urine been tested properly either by the machine or by the analysts in the laboratory?

Section 5 of the Road Traffic Act 1988 states:

“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”


Through enlisting the services of an experienced motor offence specialist you stand a far greater chance of reaching a satisfactory outcome.

We have vast experience of dealing with these cases and have provided invaluable assistance to other drivers facing prosecution. You can discuss your options free of charge and we will review all the evidence against you and advise you of the strengths and weaknesses of the case.

If we can prove that you had no intention of driving the vehicle until your alcohol level fell below the prescribed limit, we can secure your acquittal. We may find evidence of an inaccurate breath reading or other technicalities that would support your defence. If you plan on pleading guilty to the offence, we will endeavour to ensure that the court imposes the lowest penalty possible – especially if you are at risk of being disqualified.


If you are facing a ‘drunk whilst in charge of a motor vehicle’ conviction it is important you are legally represented. 

Even though this type of offence doesn’t carry a mandatory disqualification period the court can still impose 10 penalty points. Your chances of a better outcome are increased when you have an experienced motoring offence solicitor representing you.

If you need expert advice and representation Motoring Offence Solicitors offer the very best privately funded Drink Driving Defence representation to clients in Manchester and across the whole of the UK.  Call our team today on 0161 832 3852 or complete the enquiry form below.

We’ve successfully defended ‘Drunk in Charge of a Motor Vehicle’ convictions for clients in Manchester, Preston, Liverpool, Derby, London, Birmingham and throughout the rest of the UK for many years. Contact us today to ensure the best possible outcome.  


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