Specialist 'Drunk in Charge' Solicitors
- 96% Success Rate
- High Profile Case Specialist
- 40 Years of Experience
- 5 Star Reviews
Call 0161 832 3852 today
DRUNK IN CHARGE OF A MOTOR VEHICLE OFFENCE SOLICITORS
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 our Motoring Offence Solicitors today on 0161 832 3852 or complete the enquiry form below to ensure the best possible outcome in your case.

Thanks so much 100% recommend to anyone looking for representation
Originally we were looking at a potential driving ban, a minimum sentence of community service, plus a fine and interviews with the traffic commissioner. On the day of the hearing the Crown Prosecution wanted all of the former, which would have meant the end of a driving career and the loss of livelihood.
On the eleventh hour and fifty nine minutes literally as we were walking into court, Brian managed to secure a deal with the prosecution which led the judge to serve up five points on the licence and a fine, all of the other charges were dropped.
Such a massive relief after nearly a year of worry and angst. If you need a solicitor that specialises in motoring offences Mr Koffman is the man you need, so ring him. I mean it ring him!
Thanks to Brains excellent representation, I won my case, keeping my licence and was rewarded £750 towards my costs.
Would highly recommend
Cheers
Nick
Excellent legal advice, excellent and professional customer service, outstanding legal representation. I would have no hesitation at all in recommending them to anyone who needs their services.
My sincere regards to the entire team at Brian Koffman&Co Solicitors
Both himself & his assistant were both very helpful and very reactive to both phone calls & email.
I had no prior experience of attending court, however Brian made me feel at ease as to what to expect.
The case in which I was involved, was quite complex, however his professionalism and attention to detail made sure I received the best possible outcome.
I would recommend him to others
Should you require assistance with a driving offence Brian is the person to hire.
Professional, meticulous, leaves nothing to chance.
Thank you Brian
Results from this would have been:
Banned from driving
Loss of job
Loss of house
Wedding cancelled
Honeymoon cancelled
The results would have ruined my life.
One email and meeting with Brian and all this was sorted. Completely stress free and both him and his assistant were amazing.
Couldn't rate them high enough
Thank you.
His knowledge is this area is amazing and the the advice he gave me put my mind at rest and made me hopeful that he could resolve the case without me receiving a ban.
Due to covid back log the case was very drawn out but the moment I heard from the courts, Brian was at the other end of the phone and he remembered my case every time, which shows a great personal touch. You wouldn’t get that with a large firm.
Brian managed to resolve the case with reduced points and I am extremely grateful for his help as a totting up ban would have been catastrophic for me.
He was brilliant during what has been a very stressful 8 months.
With a very frustrating case and my case management hearing date changing dates a number of times to my actual trail date changing dates a number of times, Brian was professional throughout and assured me throughout, it was clear from the start brains knowledge and professionalism was going to help me, after nearly three years of this case dragging out we finally got the trail date, and the outcome was outstanding, Brian is in the process of claiming some of my legal fees back which will also be a massive help for me, I couldent recommend Brian enough and would not hesitate to contact again if I needed to, thankyou brain.
Thank you Brian.
Brian decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.
His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.
I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.
Thank you Brian.
It was my first experience of having a penalty of this nature and was looking to instruct a solicitor to gain some advice on the best steps.
He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.
Completely bizarre and rude, with him then hanging up on me.
He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.
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. Koffman
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.
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.
Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.
WE FIND SOLUTIONS TO THE MOST CHALLENGING CASES
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WHAT DOES BEING DRUNK IN CHARGE OF A VEHICLE MEAN?
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.
HOW IS ‘IN CHARGE’ OF A VEHICLE DEFINED?
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.
HOW TO AVOID A DRUNK IN CHARGE PENALTY
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.
DRUNK IN CHARGE OF A VEHICLE OFFENCES AND THE PENALTIES (DR10 CONVICTION)
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.
or Call 0161 832 3852
DRUNK IN CHARGE OF A VEHICLE (DR10 DRIVING CONVICTION) SENTENCING GUIDELINES
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
DEFENDING A 'DRUNK WHILST IN CHARGE OF A VEHICLE' OFFENCE
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.
- 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”
WHY CHOOSE BRIAN KOFFMAN & CO?
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.
CONTACT US TODAY
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.
WE FIND SOLUTIONS TO THE MOST CHALLENGING CASES
Find Out How We Can help You
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 team.