Differences in points DR10 & DR40

[Mr Classic]

Why is there a difference in points between these two offences, and why is DR40 a specific 10 points?

DR10 Driving or attempting to drive with alcohol level above limit 3 to 11

DR40 In charge of a vehicle while alcohol level above limit 10

[LoonR1]

Dr10 is specific to driving and / or attempting to drive and is a mandatory minimum 12 month ban in all bar the most exceptional circumstances.

DR40 is when not trying to drive but still being in charge of the vehicle.

[Fort Jefferson]

LoonR1 said:

DR40 is when not trying to drive but still being in charge of the vehicle.

I've always thought this is a strange law. My car and motorbike are both in the garage at home, and I'm sitting in my living room p!ssed up. I have the keys to, and I'm in charge of both.

[Mound Dawg]

So something like being found asleep in your camper van in a lay by but also over the limit?

[Mr Classic]

WHy is being in charge a straight 10 points whereas the other 3-11?

[anonymous-user]

Gives them flexibility to take the driver right up to ban threshold in the very rare cases it's not an immediate outright ban

[agtlaw]

Mr Classic said:

Why is there a difference in points between these two offences, and why is DR40 a specific 10 points?

DR10 Driving or attempting to drive with alcohol level above limit 3 to 11

DR40 In charge of a vehicle while alcohol level above limit 10

DR10 has a mandatory ban of at least 12 months. Only if D proves special reasons (shortness of distance driven, emergency, laced drinks, etc) might 3-11 points be endorsed.

DR40 is an offence where the prosecution does not have to prove actual driving. This offence carries a discretionary ban from driving (of any length) or 10 points. N.b. No need to prove special reasons to get the 10 points for this offence.

DR40 is "in charge" whilst over the prescribed limit (cf DR50 "in charge" whilst unfit). The prosecution requires a breath, blood or urine sample to prove the DR40 offence.

[LoonR1]

Mound Dawg said:

So something like being found asleep in your camper van in a lay by but also over the limit?

Why does this always come up. It's highly unlikely if you're fast asleep in the back of the campervan that there'd be a problem.

[imagineifyeswill]

You go to the pub in your car with no intention of driving it home, on leaving the pub its turned cold or wet, you go to your car press the remote open rear door to take your jacket out and next thing a police car beside you and your drunk in charge, whats the difference to being asleep in your camper van in a lay by after a good few drinks, keys lying beside you, whos in charge then.

[Aretnap]

imagineifyeswill said:

You go to the pub in your car with no intention of driving it home, on leaving the pub its turned cold or wet, you go to your car press the remote open rear door to take your jacket out and next thing a police car beside you and your drunk in charge, whats the difference to being asleep in your camper van in a lay by after a good few drinks, keys lying beside you, whos in charge then.

(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

You would have more chance of making out that defence if you were tucked up in bed in your camper an for the night than if you were slumped over the steering wheel of your car in a pub car park.

You'd also have a reasonable chance of making it out if you were just getting your jacket out of the boot, though if you wanted to play it safe you'd be better off getting it out before you got trollied.

[agtlaw]

Aretnap said:

(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

You would have more chance of making out that defence if you were tucked up in bed in your camper an for the night than if you were slumped over the steering wheel of your car in a pub car park.

You'd also have a reasonable chance of making it out if you were just getting your jacket out of the boot, though if you wanted to play it safe you'd be better off getting it out before you got trollied.

A similar provision exists regarding the "in charge whilst unfit" offence (s. 4). Almost the same wording but " ... no likelihood of driving whilst unfit."