Failing to Provide a Specimen

If you are arrested for drink driving you will be required to provide a specimen of breath on a police station breathaliser. If you refuse or fail to provide this specimen you will be charged with failing to provide a specimen.

This is treated very seriously by the court, the principle is that they do not want people to be able to avoid punishment by simply not providing a specimen. This can also catch people who have genuinely tried to provide a sample and are unable to for one reason or another. If that is the case you may have a defence.

If the police think that there is something wrong with the machine or that there is a medical reason for you not providing a sample they can ask you to provide a blood or urine test. If you fail either of these you can be charged with failing to provide a blood or urine specimen.

The punishment for this offence is often more serious than that for drink driving. The sentencing guidelines set out the basis of sentencing.

If you have been charged with this offence and want advice or representation call us on 01623 600645 for a free and honest assessment of your case.