Can you be charged with being drunk in charge if you're not breathalysed?

marines_sweetie

nope,hes fine they probably got a call rom someone and had to go check it out.when they got there they saw he was sleeping and figured he was drunk and knew he couldnt drive home so they let it be and thats all ther is to it,hubby goes on those calls alot and nothing ever happens to the guy unless the keys are in the ignition then they go to jail for attempted dui

Ahwell

No, he will not hear anything more. They would have told him if they were planning to charge him.

Searching

Sorry I didn't read the whole thing. No he wont go to court. They were probably impressed that he made the decision not to drive drunk and let him off the hook. They HAVE to tell you that you are being charged and they HAVE to give you paper work to end up in court. Your friend is off the hook.

probablygraham

No problem. He didn't commit a crime so what would they want to contact him about?

rdy2retire2001

He might be a little embarassed at being found sleeping in the back of his car but, I don't think anything can be done since he wasn't at the wheel. The officers probably just logged into their shift log that they verified his identity and made sure the car wasn't stolen then left him alone. If they could tell he had been drinking without the breath test, they probably made the judgement call that if he wasn't driving he was all right and let him sleep. Maybe they checked on him during the night to be sure he didn't do anything stupid and drive off still drunk. Then he WOULD have had trouble. I don't think anything else will happen.

Scouse

No he wil hear nothing more

fdm215

I wouldn't expect so. Sleeping a car isn't likely to bring such a charge - especially if you weren't cited at the time.

Michael from UK

No - you have to be told that you are charged with a crime, and put under 'caution'. The British bobby is such a good sort(!)

edd_the_fed

Nah, they just checked him out, if he was gonna get done they would have nicked him and took him to the station for a formal breath test.

You all need to be careful though as it is technically being drunk in charge and he could have been arrested.

The standard test is "is their a likelihood of the person driving whilst drunk".

These 2 officers appear to have done things right

WESLEY L

no crime,
thus no time.

Internet Explorer

No, he will not be hearing from them any more. They would have at least told him or given him some paperwork if they were going to come back and do something.

MATTHEW H

No he was in the back seat of the car, if he would have been in the front seat it would have been a different matter, he most probably would have been charged with being drunk in charge.
Seems the officers were satisfied he wasn't going to attempt to drive his car while drunk.

B K

as long as he wasn't driving or he wasn't verbally notified of anything, he's fine.

Bardic

No, he won't. Technically he could have been "done" for being drunk in charge as he was in the car and, presumably, the keys were too. He would have been arrested and taken to the nick.

However, the police clearly used their judgement and a bit of common sense on this occasion.

Bear

Your friend has absolutely nothing to worry about.

If the police thought he was drunk in charge and likely to drive, then they would have arrested him at the time. As they did'nt they were clearly quite happy that he was sleeping it off and unlikely to drive.

robert c

There was a case in the 1950s somewhat similar to this that went as far as the Law Lords!It went like this!A group of men went out on a spree and had a few beers!They left the owner in the back seat of the car asleep!But the ignition keys were left in the car!He was charged with being drunk in charge of a car!And the Law Lords upheld the charge!But there was no ambiguity!He had been taken to the police station and charged!I would say your friend has got away with it!

Mr Abba

No.

STAND2

Please don,t take any notice of "Bear",..he,s not a policeman,...he is a VERY naughty boy!

madeleine

no he couldnt be charged with drunk driving because his vehicle wasnt in motion

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