Anyone who is in a vehicle whilst drunk or intoxicated could be considered 'drunk in charge', however it is not that straight forward.
It is up to the police to establish the intent to drive whilst intoxicated part of the offence.
The drunk in charge offence is specifically intended to allow the police to arrest a person if the circumstances fit without allowing them to actually drive and possibly cause a fatality.
Consider.... as a police officer you are observing a pub, a man comes out of the bar staggering and is obviously intoxicated, after several fumbles he manages to unlock the car door and sit in the drivers door where he attempts to put the key in the ignition and start the engine. The police officer forms the opinion that, that person is trying to start the engine with the intention of driving.
It would be outrageous to allow that person to get the car started and drive heavily intoxicated, so the officer can prevent that by arresting the man for either drunk in charge, or possibly attempting to drive whilst intoxicated... depending on the exact circumstances.
If there is no intention to drive, then the court will draw a proper conclusion that the offence has not been made out, hence the person charged will not be convicted.
There are many mitigating circumstances and defences to drink drive offences, but people should not be concerned with being in a motorhome, HGV, or even a car and caravan combination whilst having had a drink if it is clear and obvious that there is no intention of driving whilst still intoxicated. Common sense should prevail is such circumstances.
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