You could be fined £2,500 and lose your driving licence for sleeping in your car after a big night out
SLEEPING in your car after a big night out might seem like a good idea at the time.
But you could be hit with a hefty fine and even lose your licence if you're caught napping in the backseat while over the legal limit.
Driving under the influence is a serious offence that can have deadly implications for not only you, but your passengers, pedestrians and other motorists.
Even if you had no intention of driving and dozed off in your parked car after some drinks, you can find yourself in hot water with police.
Being in charge of a vehicle while above the legal limit attracts a maximum fine of £2,500 and could even see you disqualified from driving.
Under the Road Traffic Act 1988, a motorist can be found guilty of the offence if they are "in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit".
In more serious cases, you could face up to three months' imprisonment.
Being "in charge" of the vehicle isn't clearly defined in law, so your circumstances will play a role in your case.
If police think there was a likelihood of you driving, they can charge you with the offence.
And factors like where you're sitting in the car, if the engine is on and the location of your keys can impact on whether you're found guilty.
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But the exact punishment each driver is handed depends solely on the decision of the magistrate in court.
This will be swayed by your breath test result and if you have previous driving convictions.
Peter Rodger, IAM RoadSmart head of driver advice, said: "The legal issue is whether there is any likelihood that you might drive.
"Certainly having or not having the keys in the vehicle would help prove one way or the other, but it may not be conclusive in itself - each case would be judged on its individual circumstances.
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"If the keys were still available to the driver, albeit outside the car, would be an easy example to pose where conviction could still arise, as is the case of some vehicles which don't have ignition keys.
"Having or (more especially) not having the keys is a factor but not always conclusive.
"Whilst a useful rule of thumb is: ‘If you're drunk in the car and you have the keys you are going to be convicted’ the keys aren't really the main point.
"Simple and straightforward advice has always been and remains: don't sleep it off in the car."