Failing to Provide a Specimen

Failure to provide a specimen of breath, blood or urine

When a specimen of breath, blood or urine is requested by a policeman, it is an offence to refuse, regardless of whether the request is made by the side of the road or in a police station. Nonetheless, you may be able to put up a valid defence against being convicted if you are able to show that there was a valid reason for your refusal.

Reasons that could be accepted may include such things as breathing problems in the case of breath tests, or a fear of needles if they were intending to take a blood sample. While these reasons certainly may stand up in court, it is vital that you have someone to put forward your case using the correct terminology and with a strong awareness of the regulations in place.

If you are convicted of failure to provide a specimen, you may face a fine of up to £5,000, and could be banned from driving for a minimum period of 12 months (or 3 years if you have been found guilty of drink-driving or another alcohol-themed crime within the previous 10 years).

Additionally, graver offences may leave you looking at a prison sentence of up to six months. It’s for this reason that it is vital to enlist the help of a motoring solicitor with expertise in the relevant areas. If you need help from an expert, simply fill out the form on the right and our Find a Solicitor service will do the rest.

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