Failing to Produce a Sample

How to Reduce a ban for Failing to Provide a Specimen.

If you are arrested for drink driving you will be taken to a police station and asked to provide a specimen of breath. If you fail to, or refuse to you will then be charged with an offence of failing to provide a specimen

The court always treat this seriously, the principle is that a defendant who is clearly drunk should not be able to reduce the sentence by simply refusing to provide a specimen.


The court have no discretion as to whether to disqualify you if you are guilty of failing to provide a specimen. Remember this is not drink driving, even if you weren’t driving or weren’t over the limit the court will have to disqualify you , although you may be able to argue special reasons.

The length of the ban depends on the circumstances. The guidelines suggest a ban for 18 months. This will be increased if the court hears evidence that suggests you were clearly drunk.

The length of the ban can however be reduced with good mitigation.

Good mitigation can be split into 3 categories, the circumstances of the offence, your circumstances and the effect that a ban will have on you or others. Remember though that the court have to ban you unless you have a defence or Special reasons, even if it means you will lose your job or house. 

Factors such a lack of previous convictions, a genuine belief that you did not need to provide a specimen and a genuine attempt to provide a sample will help reduce the length of the ban. Factors such as poor driving or being drunk will increase the punishment. 

If you think you may have a reasonable excuse see our defences page or call us on 01623 600645 for free advice and assessment.

If you are pleading guilty we can still help by presenting your case in the best possible light to ensure that you get the shortest ban possible. We deal with these sorts of cases on a daily basis, we are experts in this area of law. Your licence is extremely important to you and unless you simply cannot afford to have a specialist you should not risk your case with a general or Legal Aid lawyer. 

For advice or representation, 24/7 call 01623 600645, all initial advice is free.