Refusing to provide a specimen of breath, blood or urine for analysis
If the police suspect that you have committed an offence related to drink driving they can request you to provide two samples of breath, blood or urine. If you fail to provide the specimens requested without reasonable excuse you are liable to be charged with ‘Failing to provide a specimen for analysis’.
This is punishable with :
• 6 months’ imprisonment
• up to £5,000 fine
• a ban from driving for at least 1 year
This is considered a serious offence and the sentence of minimum 12 month disqualification and a fine of £5,000.00, if convicted, clearly reflects this.
In some instances, a person may not be able to provide the sufficient amount of breath for analysis due to shortness of breath or medical conditions, such as Asthma, which may make it difficult for a person to blow into the machine for a sufficient period of time. Although such circumstances have been considered as a ‘reasonable excuse’ it will need to be substantiated by medical evidence. .
Please note that if you wish to put forward any such condition as a defence, you will need expert evidence to substantiate your claim.
If you wish to discuss any of the issues relating to this offence, please contact our road traffic solicitors on 0208 577 5491.