# Wildcamping and Booze



## max0603 (Aug 11, 2010)

Anyone clarify the law on wildcamping and booze? If you have a few then get a visit from the law can they prosecute for being over limit and in possession of keys? 8O


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## Glandwr (Jun 12, 2006)

Probably depend on whether you were on "the highway" ie in a lay-by or not.

Private property or unadopted land I think you would be OK.

Dick


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## wakk44 (Jun 15, 2006)

Bit of a grey area I think,technically you are in a vehicle in possession of the keys,on a highway and over the limit so could in theory be prosecuted.

In reality common sense should prevail,I don't think the police would suspect that you intended to drive if you answered the door in your pyjamas :lol:


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## grizzlyj (Oct 14, 2008)

I believe drinking in the camper, doors closed is fine. If a policeman knocked to ask what you were doing, assuming where you were parked is OK, then they can't insist you get out. If you do they can breathalize you. But if you stay inside, door shut, chatting through the window etc I don't think they can do anything? Unless you're doing something stupid I'm sure!


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## BwB (Dec 5, 2009)

I don't know if this is of any relevance in the UK, but when wild camping in Australia, if the Ranger turned up and asked you to move on you could normally get away with staying the rest of the night by telling them you'd already had a drink and were unfit to drive.

In the UK - I remember back in the 80's, there was talk that if the police stopped you out walking after you'd had a few too many and you had your car keys in your possession you were deemed in charge of a vehicle and could be done for DUI (or similar). That could just be B.S. though.


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## Drew (May 30, 2005)

I checked this out with the police a few years ago and was informed.

If you are parked on a public highway or in a layby that is part of the highway you "could", at the descretion of a police officer, be breathalised. 

On the other hand if you are in a car park or on private ground then you are OK.

To be on the safe side, don't wildcamp in a layby adjacent to a main road and have a few nightcaps.


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## DTPCHEMICALS (Jul 24, 2006)

*When can the police require a breath test?*
Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place (eg a pub car park or a garage forecourt), may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol - 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).

The request must be made by a police officer in uniform, but can only be made if one of the following situations apply :-

1.the police officer has reasonable cause to suspect that you have committed, or are currently committing a moving traffic offence, or

2.if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol, or

3.the police officer has reasonable cause to believe that you were the person driving/attempting to drive/in charge of a motor vehicle which was involved in an accident.

Dave p


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## Transit_Aaron (Oct 27, 2010)

This is a grey area!

Really depends on the good cop bad cop theory! 

You can by law get prosecuted parked anywhere PUBLIC. And in some cases if you are sat in the front of youre camper, under the influence and with the keys near to you, on a campsite, again, the law can assume you are going to drive on a public highway. This makes you a threat to the public!

Best thing to do if you are wild camping or in a layby sumwhere, is hide the keys out of site. A hook above the drivers seat wont do.


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## Andysam (May 10, 2005)

Good grief, rumours abound! A LOT of the above is incorrect.

You can be required to provide a specimen of breath in any place to which the public has access whether on payment or otherwise. A car park IS included as are many "private" places/land.

You can be required to provide the sample from behind a closed door- you don't have to leave the motorhome!

The police have to prove an intention to drive. Just be sensible with your night time preparations and you'll be okay.

This has been covered many times before- use the search.


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## 113016 (Jun 5, 2008)

We wild mostly and we have wine with every evening meal  
As far as I am concerned when I am away in our van, it is an extension of our home and once inside I am at home.
What we do is as follows, we make sure that the two front seats are turned, maybe we are up on blocks and the screens are up or partially up. The table is set and maybe the TV aerial is up.
In other words it is quite apparent that we have no intention of driving.
You could always take a photo every evening to show any Magistrate that you had no intention. We have done this!
I am sure that any descent Cop would not take it any further and if you did by any chance get a jobs worth, a descent lawyer would get you off.
Just make it very apparent that you are not going to drive and stick to it if they ask you to move.
It's no different than a Cop knocking at your house door as you have the keys to your car or van just the same.


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## Andysam (May 10, 2005)

Grath said:


> a descent lawyer would get you off.


Grath, with that set up even a rubbish lawyer would get you off. Well done. It is indeed your home.

However, it would never get past the police station stage. An intention to drive has to be proven (on the balance of probabilities) by the police.


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## barryd (May 9, 2008)

Ive even chatted to the police in a wild spot with a Stella in my hand having already had a few. They just seemed more interested in where we got to in the Camper and how fast the scooter went.

Anyway if there are 4 adults say in the van and they are all Pi$$ed and nobody actually has the keys in their hands or pockets who are they going to breathalyse?

Never given it a second thought. Its been done on here before and our resident copper said you have nothing to worry about. (well you might if you fell asleep with the engine running and your head on the steering wheel)


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## 747 (Oct 2, 2009)

I have said it before and I shall say it again.

Wherever you stop, put a washing line to a convenient pole and hang some knickers on it.

Job done. :lol: :lol:


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## DTPCHEMICALS (Jul 24, 2006)

My information was supplied by a serving police inspector

Dave p


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## tony50 (Oct 16, 2007)

DTPCHEMICALS said:


> *When can the police require a breath test?*
> Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place (eg a pub car park or a garage forecourt), may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol - 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).
> 
> Dead right and another thing if you are on the verge beside the road for a certain distance from the road it's still considererd the highway ,me! I would not risk it ,I had a accident many years ago on Sainbury's carpark and Police were called asked by the Officer had I been drinking i said"What if I had" He said" I can breatherlize you even on private property" I soon ate humble pie!How can they? well if they follow you home they can breatherlize you in your house ,that's how they can do it on private property ,so don't move a car for your partner if you have been drinking in a pub yard !!
> ...


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## barryd (May 9, 2008)

747 said:


> I have said it before and I shall say it again.
> 
> Wherever you stop, put a washing line to a convenient pole and hang some knickers on it.
> 
> Job done. :lol: :lol:


No, your just hoping to get a gander at Mrs D's scimpys! Yeah, so am I.


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## 129723 (Nov 24, 2009)

Why take the risk or drinking when in a layby or public carpark?

I bet 9 times out of 10 you'd be fine, especially if parked up somewhere sensible and are not drawing attention to yourself.

But what if you need (or are asked) to move on for some reason? Or the police wish to talk to you about an unrelated matter and relise you have been drinking, or are just being pendantic when they see the driver drinking in his van?

Potentially you could be charged with drink driving, lose your licence, and lose the right to drive your motorhome. as nice as a drink is when away, why bother with the risk? I know people arn't intending to drink drive, but the way the law stand you could be prosecuted.....so if you really want a drink book into a cheap site. This debate keeps coming up on these forums, but I think its obvious. You would have a lot of explaining to do if you were sat in your car on the road outside your house drinking a bottle of wine, even if the keys were in your pocket, and probably be charged, so why would a public car park or layby be different?


Are you really that desperate for a drink to take the risk?


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## teemyob (Nov 22, 2005)

*Driving and Vanning*

Hello,

This is something that always puts us off what I call Freecamping.

We both like a drink when we stay and always have wine with a meal in the motorhome.

But what if.......

You had had your meal and drink and needed to move for safety reasons?

I have just been looking at this again as we are looking to stay in the peak district over the coming weekends.

Problem is many campsites are closed and for those that are open, I think paying Upwards of £25 a night when we heat by gas and don't use campsites showers/facilities. Find it a bit steep.

It is a case of finding somewhere safe and remote.

Monsal Dale is a place I am told but not sure. Motohome is on the big side!

TM


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