WA Drunk Driver In Charge

Drunk in Charge is a different offence from drink driving. The former is an offence categorized under dangerous driving, which is also penalized by the Road Traffic Act 1974 (WA). The person arrested to be charged with this offence is driving or attempts to drive a motor vehicle while having blood alcohol content of or above 0.08 g/ml.

A person to be liable for this offence, he must be caught sitting behind the wheel driving the same or attempting to put the vehicle in motion while intoxicated. So even if one was caught sleeping while behind the wheel if under the influence of intoxicating liquor and the key was in the ignition, one will be liable for this offence. Even if the car was parked, but if it is on a public road, the elements for this offence was satisfied and the person caught will be charged.

However, if you were arrested for driving under the influence of intoxicating liquor, but you were not sitting behind the wheel and the keys were not in the ignition, and car was parked, you have a chance to win your case if you were merely sleeping at the back seat. You have a defense because you were not operating or attempting to operate a motor vehicle.