Drink driving (1 Viewer)

Feb 22, 2014
2,107
10,269
Grantham
Funster No
30,233
MH
Rapido Le Randonneur
Exp
Since 2015
if you imbibe in a glass or two of wine with your evening meal in your Motorhome are you in danger of falling foul of drink driving laws both home and abroad?
 
OP
OP
Cat53
Feb 22, 2014
2,107
10,269
Grantham
Funster No
30,233
MH
Rapido Le Randonneur
Exp
Since 2015
Even on Aires? Are you not classed as being in charge of a vehicle?

Subscribers  do not see these advertisements

 

scotjimland

LIFE MEMBER
Jul 25, 2007
2,090
9,044
Suffolk Coastal District, UK
Funster No
15
MH
Timberland
no matter what type of vehicle, car, motorhome etc.. the drink drive law is the same ..

From Ask The Police..

There are three offences that you could possibly be charged with:

  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.
The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.


Common sense would dictate that it would only be wise to have a drink if on a camping site.
 

Bacchus

Free Member
Jul 27, 2015
412
4,236
Staines
Funster No
37,318
MH
A Class Hymer
Exp
since 2011
No

Unless there is a liklihood of you driving

This is one of the big things that puts me off "wild" camping - especially in the UK unfortunately - the possibility of being moved on having had a beer or a glass of wine.

I should think that on Aires or campsites, there's a very low risk of being asked to move?
 

Bacchus

Free Member
Jul 27, 2015
412
4,236
Staines
Funster No
37,318
MH
A Class Hymer
Exp
since 2011
You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

I should think that if you have the windscreen covers on and the wheels chocked you'd have a fairly reasonable case, also if you have a pull down bed and the drivers seats are folded and the bed down? My fear would be some unknown or not seen byelaw that says parking is legal but no overnight camping :cautious:

Subscribers  do not see these advertisements

 

scotjimland

LIFE MEMBER
Jul 25, 2007
2,090
9,044
Suffolk Coastal District, UK
Funster No
15
MH
Timberland
I should think that if you have the windscreen covers on and the wheels chocked you'd have a fairly reasonable case, also if you have a pull down bed and the drivers seats are folded and the bed down? My fear would be some unknown or not seen byelaw that says parking is legal but no overnight camping :cautious:

My opinion is, if you plan to have a drink then the better option is a site where there is no risk of being asked to move on.. and even if no one bothers you, you may be over the limit in the morning when you move on.

When off site parking, the question you have to ask yourself..is it worth risking my licence for a couple of drinks ? Your call.
 
OP
OP
Cat53
Feb 22, 2014
2,107
10,269
Grantham
Funster No
30,233
MH
Rapido Le Randonneur
Exp
Since 2015
Thank you. It's what a thought but clarification is always good.
 

sdc77

Free Member
Jan 28, 2013
3,244
4,550
Weardale, Co Durham
Funster No
24,456
MH
Coachbuilt
Exp
since 2011
Even on Aires? Are you not classed as being in charge of a vehicle?
No.. there was a house of Lords ruling on this and this has enforced the 'likelihood' element mentioned above.
Obviously aires are in france and there I believe you have to be driving... @yodeli ??

Subscribers  do not see these advertisements

 

ojibway

Free Member
Jul 17, 2012
531
305
Eastbourne
Funster No
22,001
MH
Van Conversion
Exp
since 2005
Even on Aires? Are you not classed as being in charge of a vehicle?
If you ain't driving you have no problem. You won't be moved on. I don't think I have ever seen someone not having a drink or three on an aire!!;)
But I have several French friends who quite blatantly claim the drink and drive:(
 

bartiny

Free Member
May 23, 2010
284
404
Accrington, Lancashire
Funster No
11,732
MH
Coachbuilt
Exp
Since 2008
My fear would be some unknown or not seen byelaw that says parking is legal but no overnight camping :cautious:


That is a good point, but IMO if the police ask you to move on, and you explain that you have had a drink and you do not feel it would be legal to drive, then they cannot force you to move the vehicle, they cannot force you to break the law, so either they would have to move your vehicle or leave you where you are, then book you for illegal camping or whatever, again only my opinion but I think you have to show intent to drive whilst over the limit, I know that the saying is "drunk in charge" but I cannot see any magistrate doing you for Drink driving when you had no intention of doing so. Innocent until proven guilty.
 

John & Joan

Free Member
Mar 30, 2010
1,425
774
Darlington
Funster No
10,851
MH
A Class
Exp
10 years this time
That is a good point, but IMO if the police ask you to move on, and you explain that you have had a drink and you do not feel it would be legal to drive, then they cannot force you to move the vehicle, they cannot force you to break the law, so either they would have to move your vehicle or leave you where you are, then book you for illegal camping or whatever, again only my opinion but I think you have to show intent to drive whilst over the limit, I know that the saying is "drunk in charge" but I cannot see any magistrate doing you for Drink driving when you had no intention of doing so. Innocent until proven guilty.

The police would not book you for illegal camping. Obstruction possibly. If they considered your parking to be a danger to other road users they could arrange to have you towed away. The police would report you to the highways authority for illegal camping on the highway (including verges or laybys) who would then need to visit you to asses the position before applying to a court to get a possession order. There needs to be more than one person or vehicle involved to do this.

Subscribers  do not see these advertisements

 

Bacchus

Free Member
Jul 27, 2015
412
4,236
Staines
Funster No
37,318
MH
A Class Hymer
Exp
since 2011
The police would report you to the highways authority for illegal camping on the highway (including verges or laybys) who would then need to visit you to asses the position before applying to a court to get a possession order

During which time you could presumably sober up and bugger off?

Interesting thread this; it might help me get over my fear of beer whilst wild camping; I can't imagine anyone, especially not a MoHo Funster, parking where they would cause an obstruction.

I guess travellers do this sort of thing all the time, but they seem to have special knowledge of their rights?!
 
Aug 18, 2011
12,091
17,897
derbys
Funster No
17,808
MH
AUTOSLEEPER SYMBOL
Exp
since 2007.Tugger before since 1970
The police would not book you for illegal camping. Obstruction possibly. If they considered your parking to be a danger to other road users they could arrange to have you towed away. The police would report you to the highways authority for illegal camping on the highway (including verges or laybys) who would then need to visit you to asses the position before applying to a court to get a possession order. There needs to be more than one person or vehicle involved to do this.

What Police...you can do what you like in our part of Derbyshire as we have no Police presence at all. Think you would get away with overnighting on a zebra crossing ....BUSBY.:):):)
 

bartiny

Free Member
May 23, 2010
284
404
Accrington, Lancashire
Funster No
11,732
MH
Coachbuilt
Exp
Since 2008
might help me get over my fear of beer whilst wild camping;


I also have/had the same concerns as you regarding wild/off grid camping.

But having watched loads of Police Interceptors on tv (I know but I like owt like that) when they get a report of a potential drink driver, someone has reported that they suspect a person is about to get behind the wheel whilst drunk, usually from a pub:rolleyes:, I know shock horror:D.

They make their way over to the pub then sit and wait for the driver to drive away from the pub, they then, stop the vehicle, they do not stop him/her from setting off in the first place.

So in my eyes if you do not show intent or actually drive off then, I would think/hope that you will be OK, either way I cannot see the case getting to court if you happen to get some jobsworth copper.

Just my opinion (y)

Subscribers  do not see these advertisements

 

Bacchus

Free Member
Jul 27, 2015
412
4,236
Staines
Funster No
37,318
MH
A Class Hymer
Exp
since 2011
Fluffy carpet slippers and a kimono are clearly the answer.

If a nofficer asks whether you are thinking of driving as you stagger drunkenly around in fluffy carpet slippers and a kimono, take a selfie, show it to the nofficer and ask "seriously?"
 
Aug 18, 2011
12,091
17,897
derbys
Funster No
17,808
MH
AUTOSLEEPER SYMBOL
Exp
since 2007.Tugger before since 1970
I also have/had the same concerns as you regarding wild/off grid camping.

But having watched loads of Police Interceptors on tv (I know but I like owt like that) when they get a report of a potential drink driver, someone has reported that they suspect a person is about to get behind the wheel whilst drunk, usually from a pub:rolleyes:, I know shock horror:D.

They make their way over to the pub then sit and wait for the driver to drive away from the pub, they then, stop the vehicle, they do not stop him/her from setting off in the first place.

So in my eyes if you do not show intent or actually drive off then, I would think/hope that you will be OK, either way I cannot see the case getting to court if you happen to get some jobsworth copper.

Just my opinion (y)
 
Aug 18, 2011
12,091
17,897
derbys
Funster No
17,808
MH
AUTOSLEEPER SYMBOL
Exp
since 2007.Tugger before since 1970
Think those programs where made when we had an active Police Force.Well before Austerity ....BUSBY

Subscribers  do not see these advertisements

 

swidy

Free Member
Apr 3, 2011
197
445
wakefield
Funster No
15,896
MH
coachbuilt
Exp
since 2009
I have been motor homing for 6 years and never used my rear leg steady's (u know what I mean ) I was contemplating taking them off to save weight and was told, best to leave them on then if u are in a layby overnight and want a beer or 2 and put the legs down this shows no intention of driving?
 

scotjimland

LIFE MEMBER
Jul 25, 2007
2,090
9,044
Suffolk Coastal District, UK
Funster No
15
MH
Timberland
I have been motor homing for 6 years and never used my rear leg steady's (u know what I mean ) I was contemplating taking them off to save weight and was told, best to leave them on then if u are in a layby overnight and want a beer or 2 and put the legs down this shows no intention of driving?

or...
could be construed as 'camping' rather just 'parking overnight'

same as putting out an awning, using a table and chairs , using levellers..

and
if you had to leave in a hurry.... oooops

Subscribers  do not see these advertisements

 

PeteH

Free Member
Nov 22, 2007
6,853
9,029
East Riding of Yorkshire
Funster No
900
MH
Rapido, 999M.
Exp
18+yrs plus 25+Towing
I`ve camped on Pub Car parks, before to-day. Does that count?. If so what about the pub C-L?. Cannot think that ANY of our present day inherently lazy "plod" would have an interest in doing all the "paperwork" involved, Driving a strange and to them, possibly uninsured vehicle?. I suspect that even in a layby, they would tend to leave well enough alone. I know some truck drivers of acquaintance, who have a few "tinnies" in the Cab on a Night out. (Hush mah Mouth!!).

Pete
 

swidy

Free Member
Apr 3, 2011
197
445
wakefield
Funster No
15,896
MH
coachbuilt
Exp
since 2009
or...
could be construed as 'camping' rather just 'parking overnight'

same as putting out an awning, using a table and chairs , using levellers..

and
if you had to leave in a hurry.... oooops
LOL as I was typing I thought someone will say that about camping

Subscribers  do not see these advertisements

 

swidy

Free Member
Apr 3, 2011
197
445
wakefield
Funster No
15,896
MH
coachbuilt
Exp
since 2009
travelers if that's the correct term these days get 2 weeks free camping before councils move them off,
 

jumar

LIFE MEMBER
Nov 6, 2012
3,694
11,214
Spain
Funster No
23,578
MH
Hymer Tramp
Exp
Since 1994
Here in Spain where the beer and wine is cheap, its quite easy ( So I am told) to overdo it a little, so the only way I know of avoiding a ticket is.......................INVITE THE COPPER IN FOR A TIPPLE. ;)

Subscribers  do not see these advertisements

 

TheBig1

LIFE MEMBER
Nov 27, 2011
17,509
42,755
Dorset
Funster No
19,048
MH
A class
Exp
many many years! since I was a kid
i know a car salesman who lost his licence and so his job because he slept off a few pints sleeping on the backseat of a car in a carpark. no intent to drive, but as the keys were in the car he lost the argument

i have mentioned it before on here, i am disabled because of a drink driver still over the limit the next day. my honest opinion is if somebody deliberately drives when over the limit and somebody gets injured, it should be an assault charge as well. it doesnt make me popular with some of the heavy drinkers in the club I know. the amount some drink on the last night of a rally is dangerous knowing they are driving a motorhome a few hours later
 
Jun 29, 2015
3,428
56,475
Southampton
Funster No
36,999
MH
caravan (for now)
Exp
on and off since 1984
If sleeping in the MH ot on a site (planning a pub car park for New Year) I lock the ignition key in the gas locker. I can lock the doors with the fob but cannot start the engine. So no intent to drive. The problem will be in the morning, waiting for the alcohol to wear off. I was told 12 hours between bottle and throttle.

Subscribers  do not see these advertisements

 

Join us or log in to post a reply.

To join in you must be a member of MotorhomeFun

Join MotorhomeFun

Join us, it quick and easy!

Log in

Already a member? Log in here.

Latest journal entries

Funsters who are viewing this thread

Back
Top