December is the busiest month of the year for police drink-driving enforcement. As alcohol flows more freely at Christmas parties, work events, and other festive gatherings, UK police forces increase roadside checks and patrols.
This naturally means more drivers than ever are stopped. If you’re pulled over at a Christmas drink-driving checkpoint, knowing your rights and the correct steps to take can make a huge difference to the outcome.
Why you may be stopped at a drink driving checkpoint
During December, police can carry out both targeted and random checkpoints. They may stop you because of:
- A planned festive road safety operation
- Observed driving behaviour (e.g. swerving or speeding)
- Vehicle issues such as a broken light
- A random breath-testing point as part of the Christmas crackdown
You don’t need to have done anything wrong to be stopped in these circumstances. The key is staying calm and compliant.
What are your legal obligations if you’re stopped at a drink driving checkpoint?
If police signal for you to stop, you must do so safely. Failing to stop is a criminal offence on its own. Once stopped, you are legally required to provide:
- Your name and address
- Proof of insurance and ownership, if requested
- A preliminary breath test, if police have reasonable suspicion
Refusing a roadside breath test without a valid medical reason will normally result in arrest and a charge of failing to provide a specimen, which carries similar penalties to drink driving.
How to behave at a drink driving checkpoint
How you handle the interaction matters. You should:
- Stay calm and polite
- Keep your hands visible
- Follow instructions slowly and clearly
- Avoid arguing or offering unnecessary information
- Never admit guilt or guess how much you’ve had to drink
- Avoid jokes: they may be misinterpreted
Simple cooperation keeps the process straightforward and avoids escalating the situation.
What happens during a breath test?
At the roadside, police typically use a handheld breathalyser. It provides an immediate reading and determines whether you will be:
- Released if the test is negative
- Arrested and taken to a police station for an evidential sample if the result is positive
- Asked for a blood or urine sample, if breath testing is not possible
It’s important to remember that the roadside test is not the official one used in court; the formal evidential reading is taken at the station.
What happens if you are arrested on suspicion of drink driving?
If taken to the station, you will undergo a more accurate breath test. Depending on the result, you may be charged or released pending further investigation.
You have the right to:
- Free legal advice
- A phone call
- Medical attention if needed
Police are not required to delay breath tests while waiting for solicitors, but you can still request representation immediately.
When to contact a drink-driving solicitor
Specialist legal advice is crucial if:
- You believe you were stopped unlawfully
- You have medical conditions that affect test results
- You were not driving at the time
- Police did not follow correct procedures
- You rely on your driving licence for work or care responsibilities
The best drink-driving solicitors can examine the evidence, challenge errors, and work to protect your licence and future.