Can you be charged with drink driving......

aliasojo

....if you move your car on your own driveway/back yard?

Just curious if you'd still be charged even although you were on private ground.

And before anyone jumps the gun and makes all sorts of silly assumptions, one thing in life I feel strongly about, is drink driving. It's just not something I would ever do.

The question came to mind as I needed to move my car over a bit on the back drive/yard (wide area) as a delivery lorry is coming early and I wanted to leave him plenty space.

I have a bottle of wine in the fridge and I made a jokey comment about how it was just as well I hadn't opened it at that point. Which then prompted the curiosity about the legalities of doing this if you had been drinking.

Hintza

I would say no, but I drive down our lane after a few sherries on occasions.

Hintza

The law applies to a "road or public place", so you can be convicted of drink-driving anywhere the public have access, including private car parks - you do not have to be on a public road. Specifically, and contrary to popular myth, the police can require a breath test on a pub car park. However, it is not a specific offence on private land to which the public do not have access, although various charges could be brought if driving under the influence of alcohol led to death or injury.

Retrogamer

If it's a private road with an opening to get onto public space so the public can enter the area easily and unrestricted, it's still an offense.

If the area is fenced and gated off from the public then although i wouldn't recommend it (like i wouldn't recommend operating any mechanical equipment drunk) it's not an offense in itself

mad_rich

You would have to be able to convince a passing copper that you had no intent to drive on a public road. I'm sure many a quick-thinking motorist has offered 'I wasn't going to drive home, offisher, I was just looking for something in the glovebox, with the engine on...'.

A friend of mine - often 'spirited' after a few drinks - was once called out of a family wedding to silence his car alarm. This he did, and took the opportunity to grab his sleeping bag and such things from the car. Rather drunkenly.

Just his luck, a passing police officer stopped to investigate, and asked him what he was doing. My friend, somewhat inexplicably, replied "I'm driving to London, sunshine" and threw up on the officer's shoes.

That took a visit to court, including a character reference from his mother, to sort out.

Ebe_Scrooge

Hmmm. If the officer came on to your private land, uninvited, to charge you, could you then charge him with trespass ? No idea, but an interesting question from the OP.

I'm guessing the answer to the original question is "no". When I was 14, a friend at school was happily driving his dad's car around their farm - no insurance or licence, obviously, but it was private land. He was a legend at school because he sat his test on the day of his 17th birthday and passed first time, having been driving for 3 years already. But the point is, on private land you are not subject to the laws of the public highway.

waamo

Just to be pedantic its not drink driving it is drunk in charge of a motor vehicle. You don't even have to have the engine running to be done.

The answer to the question though is yes.

Ebe_Scrooge

waamo wrote: »

Just to be pedantic its not drink driving it is drunk in charge of a motor vehicle. You don't even have to have the engine running to be done.

The answer to the question though is yes.

Really ? Sorry, not trying to be argumentative here, genuinely interested. I know about the "drunk in charge" thing (e.g. kipping in your car after a skinful in the pub car park ), but does this also apply to genuinely private land ( e.g. your own driveway / farm yard / private airfield / whatever ) ?

Buzby

Certainly in Scotland they have to prove 'intent'. For example, I have a Motorhome, and of an evening have enough drink to know I should not drive. As I have a bed, toilet and shower within, it is not sufficient that I have the vehicle keys for 'drunk in charge' to be relevant.

They would have to build an expectation that I actually intended to drive somewhere - and that would be virtually impossible.

Captain_Flack.

waamo wrote: »

Just to be pedantic its not drink driving it is drunk in charge of a motor vehicle. You don't even have to have the engine running to be done.

The answer to the question though is yes.

aliasojo wrote: »

....if you move your car on your own driveway/back yard?

Just curious if you'd still be charged even although you were on private ground.

And before anyone jumps the gun and makes all sorts of silly assumptions, one thing in life I feel strongly about, is drink driving. It's just not something I would ever do.

The question came to mind as I needed to move my car over a bit on the back drive/yard (wide area) as a delivery lorry is coming early and I wanted to leave him plenty space.

I have a bottle of wine in the fridge and I made a jokey comment about how it was just as well I hadn't opened it at that point. Which then prompted the curiosity about the legalities of doing this if you had been drinking.

Sounds more like driving than being in charge.

Gloomendoom

Here is a link to an article on the subject by a solicitor specialising in motoring law...

Drink driving. Public nuisance or a private matter?