DRIVERS have been warned not to try to exploit a loophole in the law which prevents them from being prosecuted from drink-drive offences.

National newspaper and television reports over the weekend claimed drivers were escaping drink-driving charges by pretending to be unconscious when stopped by the police.

Often, claimed the reports, drink-drivers pretend to be out cold when they are taken to police stations for questioning or at the roadside -- meaning officers can't take a sample because the law states police can only take blood samples if a person consents.

Refusing, says the law, is a crime but not being able to consent isn't.

Police officers in Bedfordshire have now been told to tickle the feet of drivers who are faking.

A reaction means they haven't been knocked out. Officers at Accrington's road traffic unit were quick to quash the loophole, saying that drink drivers who try anything on will be caught.

PC Andy Spouse, from the traffic unit, said: "Fortunately, this isn't a situation we find ourselves in often but such widespread exposure of the loophole is bound to result in other people trying it on.

"If we are presented with that situation, then we would simply call out an ambulance crew who would soon tell us if someone really was unconscious."

He added: "Refusing to give a sample is an offence because it is causing obstruction.

"Pretending to be unconscious is effectively attempting to pervert the course of justice. It would be very simple for us to find out if someone is playing us along."

The Police Federation is urging the Government to change the law so the loophole is removed and samples can be taken from people even if they do not, or cannot, consent.

But PC Spouse added: "Tickling feet certainly isn't something we would do here. There are better, more accurate ways of ascertaining if someone is unconscious without having to take off their shoes."