I need to ask a really dull question . Police type people might know

[SayMatae]

Drink drive laws:

You can be prosecuted for just being in a motor vehicle over the limit if you have your keys with you yes? Regardless if you are driving or just “sleeping it off”

So - what about people who have campervans? They pull over for the night, park, have a lovely fish and chips next to their van and a glass of wine and then go to bed. Is that ok? Or no?

just thinking about last night, lots of older couples with campervans have a glass or two and then locking up for the night to sleep.

how does it work if you literally holiday in your vehicle??

I guess it depends whether the keys are in the ignition or not.

It depends on whether they are “ in charge” of the vehicle. Sitting in the front seat, holding the keys or keys in ignition would count as being in charge of the vehicle. Sitting in your pyjamas in the back of a camper van watching tv would not.

The law is about being in charge of a motor vehicle on the road or other public place.

So sozzled in your camper van on a campsite, fine. Sozzled in the driver seat of your camper van on the street, not.

It depends whether you are “in charge” of the vehicle as in are you in a position such as you can you control the brakes, steer etc. in the back of a camper, tucked up in bed then no.

Road Traffic Act 1988, s4. https://www.legislation.gov.uk/ukpga/1988/52/section/4

(1)A person who, when driving or attempting to drive a [F1mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2)Without prejudice to subsection (1) above, a person who, when in charge of a [F1mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F1mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

So I think part 3 would apply.

I hadn't heard of this.

A friend who has one makes sure the keys aren't in the ignition and puts them into a locked box so it's clear aren't being used!