Olliers Motor Law Solicitors, Manchester UK
Failing or Refusing to Provide a Specimen Offence & Defense Representation By Olliers Motor Law Solicitors

Failing / Refusing to Provide a Specimen


Where a police officer has reasonable grounds to suspect that a motorist has committed the offence of driving whilst over the limit (s)he may require that the motorist provides a specimen of breath for a road side breath test. If that person fails the test, or does not provide the sample, they can be arrested and further tests can be required at the police station. If a positive sample is provided at the police station the motorist will be charged with driving with excess alcohol. If a sample cannot be/or is not provided the motorist will be prosecuted for failing to provide a specimen.

There are two distinct offences of failing to provide a specimen:

(1) failing to provide a road side specimen of breath, and
(2) failing to provide an evidential specimen for analysis, usually provided at the police station

Failing to provide a specimen can also include a situation where someone has refused to provide the requested sample. If you have been charged with an allegation that you have refused to provide a specimen of breath, evidence of your behaviour may be relied on to demonstrate a refusal/failure to provide.

The range of defences for failing to provide a specimen are limited and largely restricted to circumstances where a person is physically unable to provide sufficient breath in a way that allows the test to be completed. This is often referred to by the public as “medical excuse”, or by lawyers as “reasonable excuse”, and is most likely to be raised in the context of a driver suffering from asthma. Reasonable excuse has been very narrowly construed by Courts in England and Wales and it is clear that a sufficient causative link must be established between the health condition and the inability to provide the specimen in question. Reasonable excuse could also arise where the mouth piece was faulty and hindered your efforts to provide, in the case of breath cases.

It is not sufficient to assert that you have not consumed any alcohol. However, an inability to understand what is required of you at the police station and the procedure used may amount to a reasonable excuse where this is because of a limited command of English. This will not work where an inability to understand is because you are too drunk.

The case law and legislation in this area is complex and if prosecuted for this offence it is absolutely crucial to obtain specialist legal advice at the earliest opportunity.

Penalty

If convicted of failing to provide a road side specimen your driving licence will be endorsed with 4 penalty points. Disqualification is discretionary with this offence, and a financial penalty of up to £1000 will be levied against you.

The penalty for failing to provide an evidential specimen is a recommended disqualification of 24 months and a Community Order – i.e. unpaid work. In certain circumstances a prison sentence of up to 6 months could be imposed. Where there is at least a second similar, or other alcohol related offence, on your record within the last 10 years the risk of custody will be increased and a minimum 3 year disqualification will be ordered.
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