Failure to provide a specimen
Failing to provide a specimen is a serious offence that can result in a hefty fine, a driving ban, and a possible prison sentence.
Our specialist motoring solicitors will explain your options and help you protect your licence.
What does 'Failure to provide a specimen' mean?
“Failure to provide a specimen” means refusing or being unable to give a breath, blood or urine sample when the police requests one. This charge is treated as seriously as drink- or drug-driving and can result in significant penalties. These include a driving ban, a substantial fine or even imprisonment.
Under the Road Traffic Act 1988, the police can require a specimen if they reasonably suspect alcohol or drug use. This may happen at the roadside or at the police station for further testing. Unless you have a genuine and legal excuse, not providing a sample can result in criminal charges.
The police do not need to prove you were over the limit, only that the request was lawful and you did not comply. Courts often assume non-cooperation was intentional, which is why this offence is punished so harshly.
The consequences are serious, so it’s crucial to get legal advice as early as possible. We can assess whether the request was lawful, whether you had a reasonable excuse, and what defence or mitigation may be available in your situation.
If you’ve been asked to provide a specimen and have refused or been unable to do so, contact our specialist motoring offence solicitors with no obligation on 01772 220 022 or complete the contact form on this page for advice from our experts.
Penalties for failure to provide a specimen
Failing to provide a specimen is one of the more serious motoring offences. If you are convicted, the penalties could be:
A 12-month driving disqualification minimum
A fine of up to £5,000
Community service
Up to six months’ imprisonment in the most serious cases
If you were in charge of the vehicle rather than driving it, the penalties are still severe. You could receive:
10 penalty points
A discretionary driving b
A fine of up to £2,500
Up to three months’ imprisonment
If you have a previous drink- or drug-driving conviction within the last ten years, penalties could be more severe. In these cases, disqualification can start at 36 months and extend much further, depending on the circumstances.
Courts give harsher sentences because this offence is often seen as an attempt to avoid providing a result that may have shown you were over the limit. That is why it is crucial to present your circumstances clearly and correctly.
Our expert motoring offence solicitors review all the circumstances surrounding your arrest. Including whether procedures were followed correctly and whether you had a valid excuse. We’ll build the strongest possible case to reduce the penalties you face.
Penalties for failure to provide a specimen
Failing to provide a specimen is one of the more serious motoring offences. If you are convicted, the penalties could be:
A 12-month driving disqualification minimum
A fine of up to £5,000
Community service
Up to six months’ imprisonment in the most serious cases
If you were in charge of the vehicle rather than driving it, the penalties are still severe. You could receive:
10 penalty points
A discretionary driving b
A fine of up to £2,500
Up to three months’ imprisonment
If you have a previous drink- or drug-driving conviction within the last ten years, penalties could be more severe. In these cases, disqualification can start at 36 months and extend much further, depending on the circumstances.
Courts give harsher sentences because this offence is often seen as an attempt to avoid providing a result that may have shown you were over the limit. That is why it is crucial to present your circumstances clearly and correctly.
Our expert motoring offence solicitors review all the circumstances surrounding your arrest. Including whether procedures were followed correctly and whether you had a valid excuse. We’ll build the strongest possible case to reduce the penalties you face.
Reasonable excuses for not providing a specimen
In some cases, reasonable excuses, such as a medical reason for not providing a specimen could be accepted. These could include:
Suffering from asthma or respiratory condition;
Phobia of needles;
Prostate problems or urinary tract infection;
Mental health condition.
If you do suffer from any of the medical conditions above, you will have to get the condition confirmed by a medical expert. If you successfully prove the medical condition, you may be acquitted.
If the police failed to follow the correct procedures, then the case could be dismissed. You must have been warned by the police that you could be prosecuted if you fail to provide a sample, if they have failed to inform you of this, the case can be challenged.
If you are under investigation for failing to provide a specimen, please contact our expert road traffic offence solicitors today on 01772 220 022.
Reasonable excuses for not providing a specimen
In some cases, reasonable excuses, such as a medical reason for not providing a specimen could be accepted. These could include:
Suffering from asthma or respiratory condition;
Phobia of needles;
Prostate problems or urinary tract infection;
Mental health condition.
If you do suffer from any of the medical conditions above, you will have to get the condition confirmed by a medical expert. If you successfully prove the medical condition, you may be acquitted.
If the police failed to follow the correct procedures, then the case could be dismissed. You must have been warned by the police that you could be prosecuted if you fail to provide a sample, if they have failed to inform you of this, the case can be challenged.
If you are under investigation for failing to provide a specimen, please contact our expert road traffic offence solicitors today on 01772 220 022.
Failure to provide a specimen FAQs
What happens if I refuse to take a breathalyser test?
For failing to provide a specimen, after driving or attempting to drive, you could face a minimum 12 month driving disqualification, and/or a fine of up to £5,000, community service and worst-case scenario, up to six months imprisonment.
If you are found to be in charge of a vehicle and have failed to provide an evidential specimen you could receive 10 points on your licence or a discretionary ban, a fine of £2,500- or three-months imprisonment.
If you have a previous drink driving offence which took place over the past ten years, disqualification can range from 36 months up to 60 months.
For advice contact our expert motoring offence solicitors on 01772 220 022 or contact us by email.
Is failing to provide a specimen a criminal offence?
Under the Road Traffic Act 1988, if the police have reasonable suspicion that you are driving under the influence of drugs or alcohol, they have the authority to request a specimen from you. This could be a roadside breathalyser test, or you may be asked to go to the police station to provide a blood or urine sample. Failing to provide a sample at the police station will result in a severe penalty.
If you've been stopped by the police and either refused or been unable to provide a specimen, you are breaking the law and could face charges for failing to provide a specimen. It is a criminal offence not to consent to providing a blood, urine or breath specimen test without a reasonable excuse.
If you are later convicted after failing to provide a specimen, the Court may reach the conclusion that you intentionally failed to cooperate and so the offence is taken as seriously as a drink or drug driving offence. The penalties for not providing a specimen can be serious so it is important to seek legal advice as early as possible.
What is a reasonable excuse for failing to provide a specimen?
The police may consider a medical condition as a reasonable excuse not to provide a specimen. This can include conditions such as:
Suffering from asthma or respiratory condition;
Phobia of needles;
Prostate problems or urinary tract infection;
Suffering from a mental health condition.
If the medical condition can be confirmed by a doctor, you will be acquitted however if you are unable to obtain proof you will face prosecution.
You could also challenge the case if the police have failed to follow the correct procedures. The police must have warned you that you could be prosecuted for failing to provide a specimen, if they have failed to inform you of this the, the case could be dismissed.
If you are under investigation for failing to provide a specimen, please contact our expert road traffic offence solicitors today on 01772 220 022.
Can I still be charged with failing to provide a specimen if I have asthma?
Yes, you could still be charged. You would have to prove that the asthma meant you couldn't take a deep enough breath to activate the machine or you suffered an attack trying to provide a sample.
I was unable to provide a breath sample. Will I be charged with failure to provide a specimen?
If you are unable to provide a breath sample, this will be considered a fail and as a result you're likely to be charged with failure to provide a specimen unless you are able to prove you have a genuine medical reason which prevented you from doing so. This will have to be confirmed by a medical expert.
For advice contact our expert motoring offence solicitors on 01772 220 022.
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