Refusing to provide sample / specimen for analysis

It is an offence to fail, without reasonable excuse, to provide a specimen of blood, urine or breath for analysis when required to do so.

This offence is linked with 'drink drive' offences and is treated very seriously.

Whether there is a 'reasonable excuse' for refusing to provide the specimen will depend on whether you were suffering from a physical or mental inability to provide the specimen, or to have provided the specimen would have entailed a substantial risk to your health.

We have strong relationships with various experts who can be instructed to assess whether there was a 'physical' or 'mental' inability in any particular case. For example, one of our clients was recently found not guilty after trial, as it was established that his hyperglycaemic condition (linked with diabetes) had prevented him from providing a breath sample.

Technical aspects to this offence mainly involve whether the police have followed the correct procedures at the police station level. Contact our motoring law team for more details in this respect.

Penalty: Where you have failed to provide a specimen having driven / attempted to drive a motor vehicle, disqualification for 12 months is mandatory. However, in practice the disqualification period imposed will be 24 months.

As well as the disqualification, the court will also consider a fine (maximum £5,000.00), community penalty or custodial sentence (imprisonment) of up to 6 months.

Contact our motoring law team for further advice and assistance.