DRIVE SOBER

Max Marsden

The latest figures from North Yorkshire Police show that drink and drug driving remains a serious problem across the county. Max Marsden of our Criminal Department takes a look at the issue.

During last year’s Christmas campaign, which began on 1 December 2025, officers had made 133 arrests by 29 December.

This summer the force made almost 200 arrests in just five weeks. Between 11 June and 19 July 2026, officers arrested 97 people on suspicion of drink driving and 95 on suspicion of drug driving, with a further 31 arrested for failing to provide a sample for analysis. Around one in ten of those arrests followed a road traffic collision.

Nationally, the latest Department for Transport figures estimate that around 220 people were killed in drink-drive collisions in Great Britain in 2024. That is a 16% fall on the year before, but drink driving was still involved in roughly one in seven road deaths.

Under section 163 of the Road Traffic Act 1988, police can require a vehicle on the road to stop. Officers can require a roadside breath test if they reasonably suspect you have been drinking, have committed a moving traffic offence, or have been involved in an accident. Failing to provide a specimen without a reasonable excuse is an offence in its own right, and refusing to give an evidential sample at the police station carries the same penalties as drink driving itself.

Knowing your limits

The legal limit in England and Wales remains as 35 micrograms of alcohol per 100ml of breath, one of the highest in Europe, but that may be about to change. The Government’s Road Safety Strategy, published in January 2026, consulted on cutting the limit to 22 micrograms, in line with Scotland, and on an even lower limit for newly qualified drivers. The consultation closed in May and no decision has yet been announced, but MPs on the Transport Committee took evidence on drink and drug driving in November.

The strategy also proposes new powers to suspend the licence of anyone suspected of drink or drug driving until their case reaches court, and requiring some convicted drink drivers to have an alcohol interlock (“alcolock”) fitted before they can drive again.

Remember, too, that you can still be over the limit the morning after a night out. There is no reliable way of knowing how much you can drink and stay under the limit.

Drug driving

Drug driving now accounts for almost as many arrests as drink driving. It is an offence to drive with certain drugs in your system above specified limits, and that includes some prescription medicines as well as illegal drugs. Police can carry out a roadside saliva test, and many cases then depend on a blood sample, the results of which can take weeks to come back.

What to do if signalled to stop and pull over

If you are signalled to stop, do so safely and promptly. Stay in your vehicle unless asked to get out, and remain calm and polite.

Legal representation matters

If you are arrested or asked to attend a voluntary interview at a police station, you are entitled to free legal advice while the matter is under investigation, whatever your income. It is essential that you do not agree to a recorded interview without first speaking to a solicitor. This step can be critical in safeguarding your position and ensuring you receive fair treatment.

At McCormicks, our dedicated criminal law team operates 24/7 and brings extensive experience in handling road traffic offences. We are available to attend, assist, and represent individuals who are under investigation or have been charged with drink or drug driving offences.

Consequences of conviction

The penalties are serious. If convicted, you face:

• A driving ban of at least 12 months (at least three years if you have a similar conviction in the last ten years)
• An unlimited fine
• Up to six months’ imprisonment
• A criminal record, with long-term impacts on insurance, employment and travel, including to countries such as the USA

Where someone is killed, the maximum sentence is life imprisonment.

The best advice remains simple: don’t drive if you have consumed alcohol or drugs.