The police can stop you at any time and ask you to take a breath test (‘breathalyse’ you) if: they think you’ve been drinking you’ve committed a traffic offence you’ve been involved in a road traffic accident If you refuse to take a breath test, or fail to supply a sample of breath and do not have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample. The breath test gives a result straight away. If it shows you’re not over the drink drive limit, you may be allowed to go. If you fail the breath test, you’ll be taken to a police station and given a final breath test. If it’s positive, you will be charged. If the officer thinks you’re under the influence of alcohol or drugs, they can ask you to: take a drug test do a physical test (a ‘field impairment test’), for example walk in a straight line then turn around and walk back You can be arrested if you fail the test. If you fail a breath test you cannot drive your car until you’re sober. You can ask someone else to collect your car for you.

Minor motoring offences

The police can give you a ‘fixed penalty notice’ for less serious traffic offences, including for: careless or inconsiderate driving using a mobile phone while driving not wearing a seat belt driving too close to another vehicle You can be fined up to £200 and get penalty points on your licence if you get a fixed penalty notice - you may be disqualified from driving if you build up 12 points within 3 years. The police can also decide to: take no action issue a warning offer driver training charge you with an offence You can choose not to pay the fixed penalty if you believe that it was given unjustly, but you’ll have to argue your case in court.

Faults with your vehicle

If your vehicle has something wrong with it, for example a broken brake light, the police may give you a ‘vehicle defect rectification notice’. You’ll need to get your vehicle fixed and provide proof that it’s been fixed, for example a receipt for the work from a mechanic. You have 14 days from the date of the notice to show the proof to the police.

When the police can seize your vehicle

The police can seize a vehicle if they think it’s being used in a way that causes alarm, harassment or distress, for example careless or inconsiderate driving. They can also seize a vehicle if they think it’s: being driven by someone who does not have a proper licence or insurance dangerously, illegally or obstructively parked broken-down or abandoned If your vehicle is seized there’s a ‘release fee’ of up to £200 plus a storage fee of £20 for every day or part day.

Being stopped by the police while driving

Overview

The police can stop a vehicle for any reason. If they ask you to stop, you should always pull over when it’s safe to do so. You’re breaking the law if you do not stop.

If you’re stopped, the police can ask to see your:

driving licence
insurance certificate
MOT certificate

If you do not have these documents with you, you have 7 days to take them to a police station. You’re breaking the law if you do not show the requested documents within 7 days.

The police can also give you an on-the-spot fixed penalty notice for many minor offences and make you take a breath test in certain circumstances.

You can also have your vehicle seized if you’re stopped on suspicion of driving without insurance and for some other offences.

View a printable version of the whole guide

Being stopped by the police while driving

Overview

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Being stopped by the police while driving

Overview

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