Road Traffic Law: Enhanced Enforcement To Reduce Drink Driving?

• Published date: 11 February 2021
• Subject Matter: Transport, Coronavirus (COVID-19), Rail, Road & Cycling, Operational Impacts and Strategy
• Law Firm: BCL Solicitors LLP
• Author: Mr Daniel Jackson

Given the fact that the Coronavirus pandemic has seen a rise in the number of people with alcohol and mental health issues, BCL Associate Daniel Jackson considers the recent report of the Parliamentary Advisory Council for Transport Safety ('PACTS'), which recommends for motorists to face mandatory roadside breath tests.

Introduction

Although the Coronavirus pandemic in 2020 saw the amount of drink and drug driving offences decrease, some areas in the UK recorded more than the previous year, which caused concern in light of the lower traffic volumes resulting from the government-imposed restrictions.

In the lead up to the festive period in 2020, police forces were again taking the opportunity to remind people to not drink and drive, with the prospect of some drivers possibly being tempted to drive home after having a drink, given the Coronavirus rules in place.

Reflecting on driving offences, it is sports professionals that continue to attract press attention. In December 2020, England and Aston Villa footballer Jack Grealish was sentenced for two driving offences, one of which occurred during the first lockdown in March 2020. Whilst in the same month, ex-Charlton Athletic Women's footballer Madelene Wright left the club, following an investigation into her behaviour, with one particular video shared on social media apparently showing her drinking from a champagne bottle whilst behind the wheel.

As the country looks to emerge from the Coronavirus pandemic in 2021, the PACTS report titled 'Drink driving - taking stock, moving forward' addresses a number of issues, including police enforcement, which is worthy of discussion, principally the proposition of mandatory breath testing.

Current police powers

In accordance with section 6 of Road Traffic Act 1988, the police can stop a motor vehicle at any time and ask the driver to take a preliminary breath test if the police:

• reasonably suspect that the driver has consumed alcohol
• reasonably suspect that the driver has committed a road traffic offence while the vehicle was in motion
• reasonably believe that the driver has been involved in a road traffic accident

Whilst the above allow the police to test for alcohol consumption by drivers in the majority of cases, they do not make it possible to effectively convey the message that whenever an individual drives a motor vehicle they may be subject to a breath test, even if that person is driving carefully to evade the attention of the police.

If a driver refuses to...