Drunk Whilst in Charge of a Motor Vehicle

A person who drives after he’s had a drink may not be drunk yet but his blood alcohol level will not be zero. He will be charged with a drink driving offense. A person is considered drunk if his blood alcohol content is higher than 0.15%. When his BAC is this high, it is not necessary that he be apprehended while driving. It is sufficient that he is in his car and in charge of it. He will be considered as being ‘in charge’ of a motor vehicle while under the influence of alcohol. 

When the driver has his motor running while he is parked by the roadway or in a parking lot, he will be considered to be ‘in charge’ of the car while drunk. Even if the driver of the car is parked in a private property, say a parking lot and the engine is not running, it is sufficient that he is in the driver’s seat, or even in the back seat to be charged with being ‘in charge’ of the vehicle while drunk. Even if the driver is passed out or asleep in the back seat of his car, if he is the person ‘in charge’ of the vehicle and his BAC is 0.15% or higher, he will be charged with a drink driving offense.