Drinking Alcohol in a Motorhome: Navigating the Legal Grey Area
The law surrounding drinking alcohol while living in a motorhome or campervan can seem like a bit of a grey area. What is right? What is wrong? I've had numerous questions about this, so in this post I'm going to try and give an overview of the legal aspects surrounding this issue.
Disclaimer: This is my understanding of the law around this subject and should not be taken as professional legal advice!
The Setting
Picture this: it's nighttime. You're cosied up in your motorhome, the heating is on, and you've got a selection of drinks within arm's reach. You fancy a tipple, but then you think 'can I legally drink alcohol while parked on a public road or in a car park? What happens if the police come knocking?'
Let's break it down.
The Legal Perspective
The legality of drinking alcohol in a motorhome is a bit of a puzzle. As you might recall if you watch my YouTube channel, I first covered this about 3 years ago in a Motorhome Mondays episode and the comments were filled with a various opinions. Some believe it's fine as long as you're in the back of the vehicle, others argued that it's still an offence. I did make a dedicated update video around it that you can watch here. But read on for a more balanced view of UK law regarding this issue.
In Charge of a Vehicle:
The key legal concept here is being "in charge of a motor vehicle." If you have an alcohol concentration above the prescribed limit and you're in charge of a motor vehicle on a road or public place, you're (quite rightly) in trouble.
But in the situation we're talking about here, in a parked motorhome, your defence would be to prove there was no intention to drive, but that could be challenging. So, what constitutes being "in charge" of the vehicle? Even being near the vehicle with access to the keys could put you in a tricky spot.
The Consequences:
Being drunk in charge of a vehicle comes with serious penalties, including up to 10 penalty points, imprisonment, fines or even a driving ban. Scotland, in particular, has a strict zero-tolerance approach. The laws apply not only to residents but also to visitors.
The Complexity of Alcohol Tolerance
So, what's considered a safe amount of alcohol before driving? The answer isn't straightforward because alcohol tolerance differs from person to person, influenced by factors such as body size, health condition, metabolism, and even whether you've eaten a meal.
I'll put it bluntly, realistically there is no safe limit when it comes to drinking and driving. Even if you're below the legal limit, alcohol can still impair your ability on the road (Just don't do it!).
A Practical Scenario
Let's look at a practical example. Imagine someone enjoys a few drinks at a campsite with friends but plans to drive the next day. They consume a substantial amount of alcohol, thinking they'll be sober by the time they hit the road. However, the reality is that even after a night's sleep, they might still be above the legal limit.
The Sobering Truth
The best advice when planning to drive the next day is to avoid alcohol altogether. While breathalyzers can be helpful, they're merely guides. The police have calibrated, accurate tests, and intention is hard to argue if they believe you were planning to drive. Basically, it's not worth the risk.
In conclusion, this discussion isn't about telling you to stop drinking; it's about understanding the complex legalities surrounding drinking while living in a motorhome. The law is murky, and it's up to you to prove your innocence if accused of being drunk in charge of a vehicle. I'd say make wise decisions and prioritise safety above all else.
If you have any comments or questions on this topic, feel free to share them in the comments section below.