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AIBU?

Would this have been drink driving?

17 replies

5foot5 · 23/05/2018 13:31

Yesterday evening DD borrowed my car to do something she does on Tuesdays.

During the course of the evening DH and I decided we fancied a drink of wine so we opened a bottle to share. By the time DD got back shortly after 10 pm we had more or less finished the bottle.

When DD came in she said that as she had been pulling up on the drive a warning light had come on and she wasn't sure what it was for. Naturally I was curious and wanted to know if something was the matter because I needed the car today. I said I would just go out and have a look but DH looked very doubtful and said that I probably shouldn't because I had had a drink. I was a bit surprised at his reaction because:

a) The car was parked on the drive so surely that counts as private land?

b) I had absolutely no intention of moving the car so much as an inch. I wouldn't even be taking the handbrake off. I just wanted to turn the key in the ignition to see what lights came on.

c) Whilst I know I had drunk enough to put me over the limit I was not so plastered that I would do something stupid like think "Wahey let's take this baby for a spin" or fall in to a drunken stupor on to the hand brake or anything!

Anyway, what I did instead was ask DD if she would go out with me and get in the car and turn the key and I looked over her shoulder to see what the light was.

So my question is, given a, b and c above do you think that would really have counted as drink driving if I had done this myself?

OP posts:

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wowfudge · 23/05/2018 13:35

I think the key thing is that you were on private land. Could have been different if the car was on the public highway. Remember George Michael getting arrested for being out of it at the wheel of his car?

Annabel7 · 23/05/2018 13:43

Of course yanbu! You can check your car on your drive. You are not drink driving if you are not driving...

Nicknacky · 23/05/2018 13:46

No, there would have been no offence committed.

Buddyelf · 23/05/2018 13:53

You were on private land so you're fine. If you had been on a public road perhaps you could have been in trouble (if a police car happened to go buy and decided to breathalyse you). DH told me once that they can arrest you for 'intent to drive under the influence' - how true this is I don't know. When he is out drinking he takes his car key off his fob so that if he was ever searched they couldn't say he was intending to drink over the limit. Like I said I don't know if that's correct though!

Itssohothere · 23/05/2018 13:54

I’m not sure. If a police officer had happened to be in drive, I suppose you could get done for drink driving as key in ignition, etc... could be seen as intent to drive the car.

My old family friend got arrested for DUI for falling asleep in drivers seat drunk with the keys in his hand. He had fully intended to drive but fell alseep. Cop found him and he got done for it.

viques · 23/05/2018 14:04

I reported someone who was parked in our street one Sunday morning. The engine was on because the radio was blaring and he was so drunk he was slumped over the steering wheel. I asked him to turn the radio off first of all, he slurred something and fell asleep again so I called the police in case he decided to drive off. He,was done for drink driving, he must have driven to where he was parked, but although the police did not witness him driving he was judged to be in charge of the car while unfit through drink.

DontDrinkDontSmoke · 23/05/2018 14:09

Makes no difference if you’re on private land. I think the charge is drunk in charge of a vehicle.

Someone I know was banned for a year for being in the back seat of his vehicle asleep. He couldn’t get a taxi so decided to kip in the back of the car. Key wasn’t even in the ignition.

GalwayWayfarer · 23/05/2018 14:11

If the keys are in the ignition and you're behind the wheel it will count as drink driving even if the car hasn't been started. Even if the keys aren't in the ignition but you are behind the wheel you could be charged with being in charge of a vehicle while under the influence. However, drink driving laws only apply on roads or public places so on your own drive it wouldn't be an issue!

A4710Rider · 23/05/2018 14:16

A policeman can still breathalyse you on your drive.

A4710Rider · 23/05/2018 14:20

Private land is deemed as "inaccessible to the public"

If the public can gain access to your drive, it isn't "private" I'm afraid.

UrgentScurryfunge · 23/05/2018 14:21

Theoretically you could be charged with drunk in charge of a vehicle, but the chances of a police officer passing your private driveway and deciding to breathalise you are pretty minimal.

Being drunk and falling asleep in a vehicle in a public place is much more likely to attract attention.

Usernumbers1234 · 23/05/2018 14:24

Highly unlikely but not impossible it backfired on you.

A scenario where DD has accidentally clipped a wing mirror, police called and happen to be in the area, pull up by your drive and you are stood there drunk with the keys. Even if your daughter had the keys there’s already a grey area.

Plus what were you going to do with the knowledge of the warning light? You weren’t taking it to the garage there and then, just go and check it the next morning when you get up.

So, no I don’t think you were drink driving, but you gained so little from checking it wasn’t worth the risk, no matter how minor.

DontDrinkDontSmoke · 23/05/2018 14:28

I wondered about Harry on Saturday in the fancy Jag. He didn’t touch a drop before that point in the day? Yeah right.

Nicknacky · 23/05/2018 14:58

It's her own drive so there is no offence committed at all. All the stories about cars on roads etc are not applicable. It is not a public place even if the public can theoretically access it. Posters are confusing the legislation with that of areas that are privately owned but used by members of the publicby the likes of Tesco etc.

5foot5 · 23/05/2018 15:21

Usernumbers1234 What would I do with the knowledge of the warning light? Well I suppose if it looked like something serious I would have advance warning to get up a bit earlier so that I had time to phone the garage and / or catch the bus.

I know it is highly unlikely I would have caught the eye of a passing police officer but I did wonder if, say, the scenario you described had happened and I had been breathalysed would the onus have been on me to prove that I really had no intention of driving or the police officer to prove that I had?

OP posts:

Babynut1 · 23/05/2018 20:36

My friend got arrested for going to sleep in her car whilst drunk. She wasn’t on private land.
Because she was “in control of the car” by being in possession of the keys and in the car she was arrested.
Although when it got the court, the case got thrown out as the policeman made it she had the engine running and the lights on, luckily, cctv disproved it and she got away with it.

You’ve got to be so careful 😕

Nicknacky · 23/05/2018 20:38

That’s a totally different situation and not comparable.

Op, there might be at least one police officer on here who can confirm that there is zero the police can do about you being in your car on your own property.😉

Ignore the scare stories.

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