Sleeping in a car whilst drunk - Legal or not?
Sleeping in a car whilst drunk - Legal or not?
Author
Discussion

scz4

Original Poster:

2,837 posts

270 months

Thursday 7th April 2011
quotequote all
I'm going on a stagger this weekend and booked to stay in a hostel which to put it nicely I don't even think a homeless person would thank you for, a lovely 10 person dorm. So... if the worst comes to the worst, can I sleep in my car with the seats down lying in the boot area without being prosecuted for being in charge whilst drunk.

My understanding is, if the keys aren't in the car then it's ok. So I either leave them with a friend or outside the car somewhere.

Out of interest, how do camper van owners get around this problem? Surely they have the odd glass\bottle when on site?

Stoofa

959 posts

197 months

Thursday 7th April 2011
quotequote all
The absolute safest option is to simply not have the keys:
On your person
Anywhere in the vehicle

So leaving them at a friends house or with friends is your ultimate option as there is no possible way you can be driving the vehicle.
Some have said keys in the boot - but personally I think you're taking a risk with the keys anywhere inside the car.

Arrive Alive

282 posts

200 months

Thursday 7th April 2011
quotequote all
Park it on private property and you'll be fine. Does the hostel have a car park?

scz4

Original Poster:

2,837 posts

270 months

Thursday 7th April 2011
quotequote all
Arrive Alive said:
Park it on private property and you'll be fine. Does the hostel have a car park?
Yes they do.

tim2100

6,288 posts

286 months

Thursday 7th April 2011
quotequote all
Its a weird law as even if your intention is to sleep and not drive you are still drunk in charge of vehicle.

Safest will be to put up with the hostel.

If you have had a skinfull and are prepared to put up with sleeping in your car, then a hostel will not be be a problem regardless of how grotty it is.

StottyZr

6,860 posts

192 months

Thursday 7th April 2011
quotequote all
I think your ok sleeping in at as long as you can't start it. Friend once went through some hard times, then his car broke down so he decided to sit in it and drink the crate he'd just bought. Plod turned up and tried to do him for drink driving, he pointed out car was broken, plod tried the ignition and found he was right then let him carry on!

scz4

Original Poster:

2,837 posts

270 months

Thursday 7th April 2011
quotequote all
tim2100 said:
Its a weird law as even if your intention is to sleep and not drive you are still drunk in charge of vehicle.

Safest will be to put up with the hostel.

If you have had a skinfull and are prepared to put up with sleeping in your car, then a hostel will not be be a problem regardless of how grotty it is.
Thanks, so this is the official stance?

It's more about getting away from everyone else smile I'm the lightest sleeper even with a drink in me. Sharing a room with 9 others is not appealing.

Ben3883

1,975 posts

195 months

Thursday 7th April 2011
quotequote all
...in that case disconnect the battery before going to sleep then you've got a 'broken down' car which you'll have recovered in the morning. Surely plod can't complain about that?

hifihigh

590 posts

230 months

Thursday 7th April 2011
quotequote all
Leave the keys with someone trusted, well away from the car. That way they can't show you intended to drive.

V8 Vum

3,206 posts

250 months

Thursday 7th April 2011
quotequote all
...and the campervan scenario?

Shuvi Tupya

24,460 posts

276 months

Thursday 7th April 2011
quotequote all
StottyZr said:
I think your ok sleeping in at as long as you can't start it. Friend once went through some hard times, then his car broke down so he decided to sit in it and drink the crate he'd just bought. Plod turned up and tried to do him for drink driving, he pointed out car was broken, plod tried the ignition and found he was right then let him carry on!
Imagine how that chat would have gone if the car just needed to sit for a while and it burst into life when the cop tried to start it hehe

Cop: "Do you want the good news, or the bad news, sir?"

LewLew

80 posts

186 months

Thursday 7th April 2011
quotequote all
V8 Vum said:
...and the campervan scenario?
I'd like to no the answer to this, google has fialed me

Ms Demeanor

769 posts

204 months

Thursday 7th April 2011
quotequote all
Don't do it!!

I look after lots and lots of people who get accused of being drunk in charge of a motor vehicle. You can defend it by showing you had no intention to drive whilst still over the limit - but that's a real uphill battle and you often have to get a phamacologists report (£££). You face 10 points or a discretionary ban if convicted and a hefty fine.

Don't listen to the park in a private car park argument. If the public have access to the car park (pub/hotel/supermarket) its still covered by the road traffic acts...!


Ms Demeanor

769 posts

204 months

Thursday 7th April 2011
quotequote all
By the way the campervan drivers don't get charged because they have a proper bed in the back and they find it easier to argue that they had no intention to drive. The police think that you are more likely to wake up cold and uncomfortable in a car and chance it and therefore they think you will find it hard to raise this argument in a car - and trust me you will.


Ms Demeanor

769 posts

204 months

Thursday 7th April 2011
quotequote all
I should have been a prosecutor!

scz4

Original Poster:

2,837 posts

270 months

Thursday 7th April 2011
quotequote all
Ms Demeanor said:
Don't do it!!

I look after lots and lots of people who get accused of being drunk in charge of a motor vehicle. You can defend it by showing you had no intention to drive whilst still over the limit - but that's a real uphill battle and you often have to get a phamacologists report (£££). You face 10 points or a discretionary ban if convicted and a hefty fine.

Don't listen to the park in a private car park argument. If the public have access to the car park (pub/hotel/supermarket) its still covered by the road traffic acts...!
Thanks, advice taken on board. So this even applies if I leave the keys with a friend inside the hostel?

br d

9,072 posts

255 months

Thursday 7th April 2011
quotequote all
I wouldn't sleep drunk in an unlocked car.

monthefish

20,467 posts

260 months

Thursday 7th April 2011
quotequote all
Loads of threads about this, and the general concensus is don't.



If you really must, perhaps hide the keys outside somewhere and explain to plod that you lost the keys whilst drinking. They search you/the car, they won't find any means of you being 'in charge of the vehicle.

OK, not entirly honest, but how could they prove otherwise? (when you sobered up, you remembered where you 'lost' them biggrin )

V8 Disco

474 posts

236 months

Thursday 7th April 2011
quotequote all
The weather's taken a turn for the better... cheapo tent from Argos/Millets? Safer than the car option - I have read threads on this here before, IIRC even folks on campsites have been done for DIC as the campsite is a place that the public have access to. It's just not worth the hassle.

BarnatosGhost

34,073 posts

282 months

Thursday 7th April 2011
quotequote all
Really grinds my gears, this one.

Until the wheels have moved, the car is totally harmless.

Why make a criminal out of the guy who does the right thing by not driving, choosing instead to sleep it off in the pub car park.

He's acted responsibly, surely, not dangerously?

And as for giving his keys to someone else - don't we all have a duty to our insurers to take proper care and not put property unnecessarily at risk of theft?

Bad law.