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Failure To Provide A Sample

How we can help


  • The maximum fine is £5,000
  • A community order or up to 6 months’ imprisonment
  • 12 months disqualification
  • 2 year disqualification where there has been two or more disqualifications for periods of 56 days+ in preceding 3 years
  • 3 years disqualification where there is a conviction for a relevant offence in preceding 10 years

How we can help you…

Getting Legal advice as soon as possible after the incident is the best course of action.

Our expert legal team will look for an excuse if possible, arising from a physical or mental inability to provide the sample requested such as:

  • Chronic asthma (or other physical condition which results in loss of lung capacity)
  • Mental disability
  • Needle phobia (blood samples)

Defence cases include:

  • The statutory procedure was not carried out correctly
  • Reasonable excuse for failing to provide

Often medical evidence will need to be obtained to support the defence case.

We will always do everything we can to help our clients get the best possible outcome for their case.

Notable Case

  • A male who had 2 broken ribs failed to provide a sample of breath. The medical evidence of this was put before the prosecution, who obtained their own medical expert. The prosecution argued that the injuries were not sufficient to prevent him to providing a sample at all, albeit it would have been painful. The magistrates agreed with the prosecution and the defendant was found guilty. On sentence, the magistrates took into account the contributory factor of the medical evidence.

Get In Touch

M23Law provides specialist support for those accused of any motoring offence.

We are not solicitors. Instead, we provide a streamlined connection and management service to a direct access road traffic barrister. So, how does that benefit you?

Fixed Fees – Clear quotes before action

Modern – Streamlined for a simple process

Admin – You benefit from our admin support throughout

Focused – We do not deal with any other area of law

Speak To Our Team

To get started, contact us via phone, email or by submitting a contact form.

We’ll then organise an initial consultation to discuss your case in more detail, before advising on the best route forward.