I was asked recently wether a driver how aint got his digicard in ie on rest,and his keys not in the ignition,and legally parked,could be pulled by old bill or vosa for being drunk in charge as he was having a beer or two. 
Is he in charge of a motor vehicle? Is he unfit to drive through drink or drugs? If the answer to both appears to be “Yes” then he could well be arrested for the offence. If it went to court, it would be down to him to show that there was no likelihood of him driving while he remained unfit.
There is no universal “immunity from arrest” just because the vehicle you are in happens to be your home temporarily.
This is a scary situation, drivers who park up at night and get hammered then get up 6 hours later and start driving, even a couple of pints is too much in my view, I knew of a guy who drank a bottle of vodka every night in his cab, one of his colleagues reported him and he got stopped one morning and was 3 times over !
Although common sense would dictate that if he was on a daily or weekly rest and had no intention of driving till fit to do so (may be wise to carry a breatherliser kit to confirm) then he / she should be fine, in the same way as someone going on holiday in a campervan, caravan etc…
On the flipside common sense would also dictate not to drink any alchol when in charge of a heavy goods vehicle, but take no notice of me I’m permanently ■■■■■■■
Dipper_Dave:
Although common sense would dictate that if he was on a daily or weekly rest and had no intention of driving till fit to do so (may be wise to carry a breatherliser kit to confirm) then he / she should be fine, in the same way as someone going on holiday in a campervan, caravan etc…On the flipside common sense would also dictate not to drink any alchol when in charge of a heavy goods vehicle, but take no notice of me I’m permanently ■■■■■■■
As I said, it would be down to the driver to convince the court that there was no likelihood of him driving while still ■■■■■■■ The fact that he was only a couple of hours into an 11 hour Rest would probably do that.
it was a hyperthetical question, not a reality check from a alcoholic. 
but as stated common sence is the best sence we are blessed with…sometimes 
This has come up before but search doesn’t seem to find it.
A driver in a rest period is not going to drive until it is up. This would be a valid defence, unless he was so much over the limit that he would still be drunk when it was over. I suspect that the cops would be far more likely to breathalyse such a driver after he started driving to remove any possibility of doubt.
The situation in a car is different. I remember a case last year (I think) where some guy drove to another town for a night with his girlfriend. They had a bit to drink, and then had a row which ended with him being chucked out. He could have driven home, but decided that he was too drunk to drive, so settled down on the back seat for a kip. Sometime later he was woken up, breathalysed and eventually convicted of being drunk in charge.
Santa:
The situation in a car is different. I remember a case last year (I think) where some guy drove to another town for a night with his girlfriend. They had a bit to drink, and then had a row which ended with him being chucked out. He could have driven home, but decided that he was too drunk to drive, so settled down on the back seat for a kip. Sometime later he was woken up, breathalysed and eventually convicted of being drunk in charge.
I thought all this seemed familiar…This case is a strange one as he either never contested it in court or the police officer presumed there was an intent to drive. i.e. sitting in the drivers seat with the engine running. Not sure if this is an urban myth or the the girlfriend shopped him at the time.
We have some rozzers on here who maybe be able to confirm whether intent to drive has to be judged at the time or they just breatherlyse to be on the safe side, arrest then leave it for the CPS to sort out.
Drinkers offered pill to help reduce alcohol consumption | Alcoholism | The Guardian Lokking like comon sense is severely lacking in government ect, soon we will be all classed as alcoholics if we drink even a few pints,wtf are they on ?
But if it is allowed to become the norm, then i see a change in the current rules as a knock on result as well as drivers being out of work as a indirect result of this orwellian control freakery that the government keep plugging away it(our freedoms)
Santa:
This has come up before but search doesn’t seem to find it.
Was one of my questions some time ago
michael.d.s.:
This is a scary situation, drivers who park up at night and get hammered then get up 6 hours later and start driving,even a couple of pints is too much in my view, I knew of a guy who drank a bottle of vodka every night in his cab, one of his colleagues reported him and he got stopped one morning and was 3 times over !
There is a world of difference between the examples you give and a ‘couple of pints’ with a meal on an 11 off. I don’t listen to these do gooders that spout this ■■■■■■■■ about abilities and reflexes being affected just because one pint had been consumed the night before,or all the exaggerated research given as examples to the contrary, it is all a question of drinking responsibly. Driving after 2 pints the night before after allowing enough time for your body to deal with it is one thing, driving while still ■■■■■■ is another, scenarios that are worlds apart 
Dipper_Dave:
Santa:
The situation in a car is different. I remember a case last year (I think) where some guy drove to another town for a night with his girlfriend. They had a bit to drink, and then had a row which ended with him being chucked out. He could have driven home, but decided that he was too drunk to drive, so settled down on the back seat for a kip. Sometime later he was woken up, breathalysed and eventually convicted of being drunk in charge.I thought all this seemed familiar…This case is a strange one as he either never contested it in court or the police officer presumed there was an intent to drive. i.e. sitting in the drivers seat with the engine running. Not sure if this is an urban myth or the the girlfriend shopped him at the time.
We have some rozzers on here who maybe be able to confirm whether intent to drive has to be judged at the time or they just breatherlyse to be on the safe side, arrest then leave it for the CPS to sort out.
Surely this is like saying the police could go into a pub, find & test anyone with vehicle keys and arrest them if they fail regardless of when they are going to drive again.
robroy:
michael.d.s.:
This is a scary situation, drivers who park up at night and get hammered then get up 6 hours later and start driving,even a couple of pints is too much in my view, I knew of a guy who drank a bottle of vodka every night in his cab, one of his colleagues reported him and he got stopped one morning and was 3 times over !There is a world of difference between the examples you give and a ‘couple of pints’ with a meal on an 11 off. I don’t listen to these do gooders that spout this ■■■■■■■■ about abilities and reflexes being affected just because one pint had been consumed the night before,or all the exaggerated research given as examples to the contrary, it is all a question of drinking responsibly. Driving after 2 pints the night before after allowing enough time for your body to deal with it is one thing, driving while still ■■■■■■ is another, scenarios that are worlds apart
Spot on two or three pints after work especaly with a meal is a world of difference to a bottle of scotch every night except to the holier than thou brigade.
BillyHunt:
Dipper_Dave:
Santa:
The situation in a car is different. I remember a case last year (I think) where some guy drove to another town for a night with his girlfriend. They had a bit to drink, and then had a row which ended with him being chucked out. He could have driven home, but decided that he was too drunk to drive, so settled down on the back seat for a kip. Sometime later he was woken up, breathalysed and eventually convicted of being drunk in charge.I thought all this seemed familiar…This case is a strange one as he either never contested it in court or the police officer presumed there was an intent to drive. i.e. sitting in the drivers seat with the engine running. Not sure if this is an urban myth or the the girlfriend shopped him at the time.
We have some rozzers on here who maybe be able to confirm whether intent to drive has to be judged at the time or they just breatherlyse to be on the safe side, arrest then leave it for the CPS to sort out.
Surely this is like saying the police could go into a pub, find & test anyone with vehicle keys and arrest them if they fail regardless of when they are going to drive again.
For an arrest for “drunk in charge” no breath test is required.
If you have access to a vehicle that no one else has access to, and you are over the limit - you are drunk in charge.
Drivers on weekly rest sometimes still have access to the vehicle (if no one else at the yard gets to use it), so should not be drinking unless they’ve handed their keys in somewhere first. Not easy if you’re a tramper.
Having a bevvy or two is a luxury of those who get to go home every night - you might say.
Winseer:
If you have access to a vehicle that no one else has access to, and you are over the limit - you are drunk in charge.Drivers on weekly rest sometimes still have access to the vehicle (if no one else at the yard gets to use it), so should not be drinking unless they’ve handed their keys in somewhere first. Not easy if you’re a tramper.
Having a bevvy or two is a luxury of those who get to go home every night - you might say.
That’s bull…I am starting at 6.30 on Monday morning, and I have the keys with me. It’s all loaded and ready to go in our yard, all I do is turn up Monday am and go. Last night I was ■■■■■■ as a rat, listening to loud music till 1am. If for whatever reason I had a a run in with the law and they found my truck keys are you seriously suggesting that I could be arrested for being drunk in charge?
Let’s set a few urban myths straight.
There are two initial drink drive offences, one under section 4 RTA (unfit through drink and drugs) no breath test required, has a power of entry covers mechanically propelled vehicles et al. The second is under section 5 RTA excess alcohol, requires a breath test and has no power of entry and covers motor vehicles.
I won’t go into the difference between motor vehicle and mechanically propelled vehicle but google it. The power of entry is important as when you are sleeping in the HGV the cab becomes a dwelling and a power of entry is required for certain offences.
However, if you are on a road and a constable in uniform believes you are drunk in charge he can require you to provide a breath test.
If effect if you are getting into a vehicle with the keys and are over the limit you are stuffed. If you are sat in it the case is even more proven, it is a test for court wether the person was likely to drive or not.
There is no offence of attempting to be drunk in charge, you either are or are not.
To be sat in a cab with the curtains drawn parked up, not in work gear on daily rest would be enough for the case not to be proved in court and hence you are very unlikely to be arrested. World of difference if in a layby in drivers seat with keys in ignition and over the limit and IMHO you deserve to be found guilty and loose your licence.
just to note if you have had a beer and going back to the truck to go to bed always get in on the passenger side and never sit in the drivers chair and put the keys in a draw or on the dash
Born Idle:
Winseer:
If you have access to a vehicle that no one else has access to, and you are over the limit - you are drunk in charge.Drivers on weekly rest sometimes still have access to the vehicle (if no one else at the yard gets to use it), so should not be drinking unless they’ve handed their keys in somewhere first. Not easy if you’re a tramper.
Having a bevvy or two is a luxury of those who get to go home every night - you might say.
That’s bull…I am starting at 6.30 on Monday morning, and I have the keys with me. It’s all loaded and ready to go in our yard, all I do is turn up Monday am and go. Last night I was ■■■■■■ as a rat, listening to loud music till 1am. If for whatever reason I had a a run in with the law and they found my truck keys are you seriously suggesting that I could be arrested for being drunk in charge?
If you measure over the limit with the keys in your pocket, then yup - you’re busted.
People who drove to a venue, and then found themselves drinking to excess - usually deprive themselves of their own car keys by either giving them to a mate, or hiding them. If plod turns up, and asks “why are you sleeping in this car” - the correct answer is “My mate confiscated my keys”. If you say “It’s my car officer, here’s the keys” - then you’re busted.
I know 3 people this has happened to, so I’m not speculating here.
Surely though, you wouldn’t be so daft as to take your truck keys out with you on a binge night? 
burnley-si:
just to note if you have had a beer and going back to the truck to go to bed always get in on the passenger side and never sit in the drivers chair and put the keys in a draw or on the dash
Why? If you have booked off on daily rest with the curtains drawn I would be confident that would be a good line of defence in a court of law, and an indication to the Police that you had no intent to set off.