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Yes, there is an offence of being in charge of a motor vehicle whilst being over the permitted limit. Each case would be judged on its own merits but the officers would be looking at

  • whether you had the keys for the vehicle
  • were you in the vehicle at the time
  • what were you doing at the time
  • whether there was anyone else in or near the vehicle
  • what evidence is there that you were intending to drive the vehicle

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Answers in this FAQ section are provided by the 'Ask the Police' website. Produced by the Police National Legal Database (PNLD) team, 'Ask the Police' is an official police site approved by the National Police Chiefs Council (NPCC). All FAQ answers are © PNLD.