Failure to Provide a Specimen
If you are stopped by the Police for a motoring offence such as drink driving, you may be asked to provide a specimen, either at the roadside or later at the Police station.
If you fail to provide a specimen, you may be charged with failure to provide a specimen.
Sentences for failure to provide a specimen are now broadly similar to those for drink driving. The minimum disqualification for drink driving is 12 months.
If you are in this position it is critical that you contact us at the earliest opportunity.
Legal Advice and assistance in a Police Station is free of charge. We recommend that you say nothing to the Police until you have spoken directly with us.
We have a 24-hour emergency advice line so that we can respond immediately to your situation. Our 24 hour number is 07850 012 366.
Some people decide not to provide a specimen by refusing a breathalyser test at the roadside. Sometimes people find that they are unable to provide a specimen and may be then subsequently charged with committing an offence by the Police.
Defences for failure to provide a specimen
There may be a reason why you are unable to provide a specimen when requested by the Police. This could be a medical reason that prevents you from carrying out a breathalyser test or a reason why you cannot give blood or urine at the Police station.
In some cases a defence against the charges may be based on the Police not having followed the correct procedures, either at the roadside or at the Police station. An example of this would be failure by the Police to give you the correct warning that failure to provide a specimen could result in criminal prosecution. Failure by the Police to follow the correct procedure may result in the refusal to provide a specimen being lawful.
Contact us for advice and we will assess your case and advice you on the best way to proceed.