Can I drink drive on private property or sleep it off in the back seat?
Did you know that driving your car on a road is not the only way you can end up with a loss of license and facing the Magistrate in Court?
A drink/drug driving charge is made up of the following elements:-
- Any person who, with a blood alcohol concentration in excess of the specified limit, or while having a relevant drug in their system;
- Is in charge of a motor vehicle, or drives a motor vehicle or attempts to put in motion a motor vehicle;
- On a road or ‘elsewhere’
is guilty of an offence.
‘Elsewhere’ has been defined to mean ‘any place other than a road’ which is a wide definition and includes your own private property. Drink/drug driving on private property charges will generally arise when an accident has occurred and the police and ambulance are called.
While the charge is commonly referred to as “drink driving” it actually comprises of being ‘in charge of a motor vehicle’ and ‘attempting to put in motion a motor vehicle’. If you have been drinking and have the keys to your car in your possession you can be charged for drink driving as you are ‘in charge’ of the vehicle. Being ‘in charge’ includes appearing, acting, or behaving as the driver, rider or person having the possession, custody care or management, or attempt to use or drive. Therefore if you have your keys either in your pocket or in the glovebox and are intending to sleep it off in the backseat of your car you can be charged for drink driving as you are technically ‘in charge’ of your vehicle.
If you are going to sit or sleep (even in the backseat) in your vehicle after consuming alcohol or drugs it is recommended you hand your car keys over to someone so you cannot be charged for being ‘in charge’ of the vehicle whilst under the influence of alcohol or drugs.
If you require representation for a drink driving matter please do not hesitate to contact our friendly staff in our Mackay, Proserpine or Cannonvale offices.
