Drunk Driver In charge SA

A charge for driving under the influence of alcohol is different from the charge of driving with a prescribed blood alcohol limit. A person driving while under the influence of alcohol does not only have a high range blood alcohol concentration (0.15% or higher), he must have been apprehended while driving the car, operating the vehicle or ‘in charge’ of the vehicle.

The peculiarity with this charge is that the registered owner of a car who may be sleeping off the effects of alcohol in the driver’s seat may be charged with DUI. If he is in the passenger seat or in the back seat, he will still be charged with DUI. This is because he is considered to be the person ‘in charge’ of the vehicle. He was the person holding the keys to the car and there is the risk that at any time he may start the car and drive it. It is an indictable offense and the factual circumstances constituting being ‘in charge’ of the vehicle will have to be presented.