Driving Home for Christmas? You Could Be Stopped.
- Garrick Law
- Dec 23, 2025
- 4 min read
This December, it’s wise to be prepared for the possibility of being pulled over.
Motorists are three times more likely to be breathalysed in December. Tens of thousands are stopped nationwide. In 2021, police breath-tested 37,067 drivers with increased drink and drug driving enforcement.
It’s increasingly common for drivers to be checked, so being prepared is your best approach.
If you’re driving home from work, client entertaining, Christmas parties, or even the morning after, knowing the law and how to protect yourself is essential. For high earners, one mistake does not just mean points on a licence — it can mean career damage, reputational harm, and six-figure consequences.
Here’s what you need to know before you get behind the wheel this Christmas.
Know the Limits — And Why They Catch People Out
UK drink-driving limits are strict and not uniform:
England, Wales & Northern Ireland:80mg of alcohol per 100ml of blood35 micrograms per 100ml of breath
Scotland:50mg of alcohol per 100ml of blood22 micrograms per 100ml of breath
Alcohol affects people differently based on weight, age, metabolism, stress, and food intake. Two people drinking the same amount can have different results.
And it is more than simply the night before. Morning-after drink driving is one of the biggest traps, particularly after corporate events or family celebrations. Many professionals fail breath tests, believing they are “fine.
Even unintentional breaches can lead to prosecution, so keeping informed can help you avoid issues.
Police Powers: Why You Cannot Assume You Will Not Be Stopped
Police in England and Wales can stop any vehicle under Section 163 of the Road Traffic Act 1988. Failing to stop if signalled is a criminal offence.
You may be asked to provide:
Your driving licence
Your full name and address
The owner’s name and address
Insurance details
A valid MOT
If you do not have your documents, you have seven days to show them at a police station. Failure to do so is an offence.
These checks are routine, especially in December, and preparation can help ensure a smooth experience.
Roadside Testing: When Police Can Breathalyse You
Police can require a breath test if:
They suspect alcohol or drug use.
You have committed a traffic offence.
You have been involved in an accident.
If they believe you may be impaired, they can also ask you to:
Take a breath test
Take a drug test
Complete a physical coordination test.
If the roadside test is negative, you may be allowed to leave, though officers can still issue fixed penalties for unrelated offences.
If police suspect a serious offence, you will be cautioned, and everything you say may be used as evidence. You are entitled to legal advice.
If You’re Breathalysed: Your Responsibilities as a Driver
Breath tests are lawful, routine, and frequent during heightened enforcement periods, such as the holidays. Drivers must cooperate fully and act responsibly.
If you are stopped:
Remain in your vehicle unless ordered otherwise by a police officer.
Lower your window and communicate clearly, calmly and respectfully.
Provide your name and address, and confirm vehicle ownership when requested.
Produce your driving licence and insurance records if available.
If asked to provide a breath sample, cooperation is important. Failing to do so can carry consequences, so understanding the process helps you stay on track.
Communication, Conduct and Professional Risk
Police officers may ask questions as part of their lawful duties. You are required to provide accurate identifying information and should respond appropriately to requests made of you.
You are not expected to provide more than the information required by law. If unsure how to respond, you may say you do not wish to comment, provided you do so politely and without obstruction.
How a driver presents themselves during a stop can make a positive difference. Remaining composed and balanced helps keep the interaction procedural and proportionate. While escalation, agitation, or casual remarks may complicate what could otherwise be a routine encounter, being aware of this can bring peace of mind, especially for professionals, senior employees, and those in regulated roles.
Police decide which test you take—breath, blood or urine. Do not request or refuse alternatives unless directed to do so.
If you have a genuine medical condition that affects your ability to provide a breath sample, inform the officer at the earliest opportunity. You may be asked to support this with medical evidence at a later stage.
Remain calm and cooperative during the stop. A roadside breath test alone does not indicate wrongdoing. How you handle the situation affects how quickly it is resolved and whether it stays a brief inconvenience or becomes something more serious.
If You Test Positive: What Happens Next
If the roadside test is positive:
You will not be allowed to continue driving.
You can ask someone else to collect your car.
You will be taken to a police station for a final evidential breath test.
If that test is positive:
You will be charged
You are entitled to legal advice immediately.
You should not agree to a recorded interview without a lawyer present.
At this stage, decisions made in the first hours can determine the case's outcome, including whether disqualification is avoidable.
The Cost of Getting This Wrong
For high earners, drink-driving allegations are not minor offences. They can mean:
Loss of professional licences
Employment consequences
Directorship issues
Insurance implications
Severe harm to reputation
Seeking advice early often helps professionals feel more secure and prepared.
If You Are Accused — Act Fast
Christmas should finish with you arriving home safely and enjoying peace of mind.
If you are accused of drink or drug driving, early legal advice is critical. Speak to a member of our dedicated criminal defence team today.
📞 020 3196 7822
When you take steps to prepare, you put yourself in the best possible position.
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