Fail to provide a specimen
If you have failed to provide a specimen, you may be facing a disqualification. Please contact us, you may have a defence.
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What is the offence?
It is an offence if you fail to provide a specimen at either the roadside or at the police station without a reasonable excuse.
The police have the right to request a roadside breath test from you if they have reasonable grounds to suspect you are driving with excess alcohol, attempting to drive or in charge of a motor vehicle on a road or other public place. You can also be asked to provide a specimen of breath at the roadside if you have been involved in an accident. This is classed as a preliminary test.
At the police station you will be asked to provide a further evidential specimen. This will generally be a breath specimen. There are certain circumstances where you may be offered the opportunity to provide urine or blood but this will not be your decision.
This offence can be as a result of you being stopped while driving or attempting to drive or being in charge of a vehicle. The penalties are different.
This is a technical area of law and it important that you contact us to discuss your case.
What is the penalty?
For the offence of failing to provide a specimen while driving or attempting to drive you could receive anything from a financial penalty to a six month prison sentence. You will also be disqualified for a minimum period of 12 months.
The penalty for a second drink related offence within the last 10 years is more severe and with a minimum disqualification of 3 years.
For failing to provide a specimen for analysis in charge of a vehicle, the penalty can range from a fine to 3 months in prison along with an endorsement of 10 points or a disqualification.
Are there any defences?
If you have a reasonable excuse for not providing the specimen of breath then you will have a defence.
There are a number of circumstances where a reasonable excuse could exist a full stop.
- Asthma
- lung condition
- chest infection
- fear of needles
- panic/anxiety attack
We're always here to help you
If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.
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