Drink driving

[Cat53]

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?

 

[sdc77]

No

Unless there is a liklihood of you driving

 

[Cat53]

Even on Aires? Are you not classed as being in charge of a vehicle?

 

[scotjimland]

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]

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?

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[Bacchus]

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

 

[scotjimland]

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

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.

 

[Cat53]

Thank you. It's what a thought but clarification is always good.

 

[sdc77]

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 ??

 

[ojibway]

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

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[bartiny]

My fear would be some unknown or not seen byelaw that says parking is legal but no overnight camping

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]

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.

 

[Bacchus]

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?!

 

[busby]

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]

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, I know shock horror.

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

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[Bacchus]

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?"

 

[busby]

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, I know shock horror.

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

 

[busby]

Think those programs where made when we had an active Police Force.Well before Austerity ....BUSBY

 

[swidy]

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?

 

[laird of Dunstan]

I knew that being teetotal had its advantages

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[scotjimland]

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

 

[PeteH]

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

 

[scotjimland]

I knew that being teetotal had its advantages

likewise.. and it certainly does.. in more than just a few ways

 

[swidy]

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

 

[scotjimland]

I`ve camped on Pub Car parks, before to-day. Does that count?. If so what about the pub C-L?

If you are in a car park that the public have access to, ie pub car park, then the same drink driving law applies..

A CL is a private site that the public have no right of access ..

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[swidy]

travelers if that's the correct term these days get 2 weeks free camping before councils move them off,

 

[jumar]

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.

 

[TheBig1]

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

 

[CWH]

if somebody deliberately drives when over the limit and somebody gets injured, it should be an assault charge as well

..... at least.
I personally would promote the zero limit for driving.

 

[Odd-no-more]

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.

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