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Failure to Provide Specimen

Posted on 1st February

If the police suspect that you have been driving whilst intoxicated and/or over the limit, they can ask you to do a breath test at the side of the road. Not cooperating, whether by refusing to blow into the machine or by not doing so properly, is a criminal offence.

If that first breath test indicates that you are over the limit, there are rigorous procedures which must then be followed. You can be arrested and taken to a police station, where the police can ask you to provide two further breath samples and/or a blood or urine sample. The police have to perform every step of the process absolutely by the book. We know exactly what the procedure is, and if the police have got something wrong, we’ll spot it. This is often your best chance of avoiding a conviction.

If you have a reasonable excuse for not providing a sample, then you have a defence to this charge: for example, if there is a medical reason why you are unable to blow hard into a breath machine, you should be found not guilty. We can help you gather the evidence you need to fight your case.

Anybody convicted of failing to provide a specimen is automatically disqualified for at least 12 months. You could also be handed a community order. Can you afford to concede defeat when the stakes are so high? Why not let us go through the evidence in your case? If you have a defence, we’ll find it.

View penalties for this offence