With these cases it is always better to remember that the magistrates or judge has every detail of the case.
That said if you are caught behind the wheel when not driving there are three possible outcomes.
Drink driving - mandatory ban.
Drunk in charge - 10pts or ban.
Defence that you weren't going to drive until you were under the prescribed limit - acquittal.
Drunk in charge is an option for everyone, not just police.
My view, which some may dislike, is that everyone charged with drink driving when you have not actually moved the car should meet the prosecutor on the day and offer to plead guilty to drunk in charge if they drop the DD.
In theory if you haven't been charged with both it shouldn't be permitted. But prosecutors are pragmatic and you're offering them an easy morning and early lunch. Many will agree to an alternate conviction rather than the risk of a contested trial.
Don't ask, don't get. Drunk in charge is must endorse with 10 points, may disqualify. In the sentencing guidelines the high likelihood of driving would be aggravating, but no previous convictions, remorse and previous good character would count as mitigation.
To me 10pts is bang in line with sentencing guidelines. As you can see below there are all sorts of things you get credit for in drunk in charge you don't get for DD, so you have a better chance of getting 10pts.
Factors increasing seriousness
Statutory aggravating factors
- Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
- Offence committed whilst on bail
Other aggravating factors
- Failure to comply with current court orders
- Offence committed on licence or post sentence supervision
- In charge of LGV, HGV, PSV etc
- High likelihood of driving
- Offering to drive for hire or reward
Factors reducing seriousness or reflecting personal mitigation
- No previous convictions or no relevant/recent convictions
- Low likelihood of driving
- Spiked drinks *
- Remorse
- Good character and/or exemplary conduct
- Serious medical condition requiring urgent, intensive or long-term treatment
- Age and/or lack of maturity where it affects the responsibility of the offender
- Mental disorder or learning disability
- Sole or primary carer for dependent relatives
*even where not amounting to special reasons