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    Q563: Can I be charged with drink driving if I am over the limit but just sat in my car?

    There are three offences that you could possibly be charged with:

    • Driving a motor vehicle whilst over the permitted limit (OPL)
    • Attempting to drive a motor vehicle whilst OPL
    • Being in charge of a motor vehicle whilst OPL.

    The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

    It would depend on the circumstances in which you were found by the police which would determine which if any of the above charges would apply.

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