Failure To Provide A Specimen

Under the Road Traffic Act 1988, the police have the authority to request a specimen from you if they have a suspicion that you have been driving while under the influence of alcohol and/or drugs. The police can take a specimen at the roadside, or at a police station, depending on what type of specimen they require from you (most commonly, they will ask for a breath test, however, in some cases, it might be urine or blood).

If you fail to provide a specimen without a reasonable excuse, then you are breaking the law and will face a hearing in Court. However, in order for a prosecution for this offence to be successful, you must be warned by a police officer that you could be prosecuted if you fail to provide a sample. If the police fail to do this, then they have not adhered to the correct protocol, and the case will therefore be dismissed.

Quite often, you can be charged despite doing your best to provide a specimen. Regardless, if you have been charged with failing to provide a specimen, it is in your best interests to seek legal representation to clear up any discrepancies.

A reasonable excuse is a justification as to why a sample was not given to the police. Reasonable excuses often relate to medical conditions that are either physical or psychological.

If you can provide a suitable reasonable excuse, you should be acquitted of the offence unless the prosecution can prove beyond all reasonable doubt that no such excuse is applicable to your circumstances.

Reasonable excuses can include, but are not limited to:

• A genuine phobia of needles
• Stress and/or anxiety
• Asthma, as well as other respiratory issues that can result in a reduced lung capacity
• Prostate problems
• Chest infection

In order for your reasonable excuse to be successful, it must be supported by a report from a professional who can explain why your mental or physical condition prevented you from supplying a sample. If you do not have any official evidence to back your claim, then your reasonable excuse will be disregarded, and you will face sentencing.

Since you know what can be used in Court in your defence when it comes to this driving offence, you should also probably be aware of what can’t be. Here are some examples of that:

• Claiming that you were detained under the Mental Health Act – if you can understand the breathalyser procedure, you cannot use this as a defence.
• Keeping silent while at the police station – your right to remain silent does not extend to the procedure of providing a specimen.
• Insisting on seeing a lawyer before you provide a sample – this cannot be used as a defence because the suspect might and have used it as a delaying tactic, in hopes that they’ll be able to sober up before the attorney makes it to the police station.
• Stating that providing only one specimen was sufficient – you need to provide two samples, and the police will focus on the lower one. However, if you provide only one sample, and it falls below the limit, it could constitute a defence.
• Claiming that you have been mistreated or assaulted by the policemen at the roadside – no matter how you are treated, you have an obligation to provide a specimen when asked for it.
• Claiming that your refusal to provide a sample was based on religious grounds.

The simple answer is yes. If the police suspect that you were driving attempting to drive or you were in charge of the vehicle while having alcohol or drugs in your system, then they have the right to ask you for a sample, either breath, blood or urine. If you don’t do it, you will be charged with failure to provide a specimen – even if the police end up confirming that you were, in fact, not driving the vehicle.

Unfortunately, you do not get to choose which type of sample you provide. If the police ask you for a breath sample, and you refuse, but tell them that you are willing to provide a blood or urine sample, you will still be found guilty of failing to provide a specimen.

The answer is yes. However, they cannot use it unless they have your consent – they will usually ask for it once you regain consciousness. If you do not give consent, you will be found guilty of failing to allow the police to use the sample, which amounts to the same things as failing to provide a specimen.

The sentence you can receive for failing to provide a specimen would be similar to those given for driving after consuming excess alcohol levels. Sentencing is determined by the Magistrates’ Court. It is important to note that a prison sentence will be considered if you have committed a second driving offence within the last ten years.

If you are prosecuted for failing to provide a specimen, you could potentially be faced with:

• A prison sentence of up to 6 months and/or a fine of up to £5,000 – even if it’s your first offence depending on the circumstances
• A minimum driving disqualification of 12 months
• A potential community service sentence
• Higher insurance rates on your vehicle

A strong case could ensure that you do not face these punishments. Therefore, it is in your best interests to contact a Cartwright King solicitor who will help build the strongest possible case for your defence.

Yes – a big one even. Usually, when you fail to provide a sample at the roadside, you will receive four penalty points and a fine. On the other hand, failing to provide a sample at the police station can even result in 6 months of imprisonment and a driving ban of 12 months.