Failure to provide a specimen

Contact our failure to provide a specimen solicitors

If you would like advice from expert failure to provide solicitors, contact us today for a no obligation discussion:

• Daytime phone number : 01323 644222
• Out of hours phone number: 07724 350521
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 28 – 30 Hyde Gardens Eastbourne East Sussex BN21 4PX

How we help with charges of failing to provide a specimen

Legal advice and representation for failure to provide a specimen

It is an offence under sections 6 and 7 of the Road Traffic Act 1988 to fail or refuse to provide a specimen of breath, blood or urine when required to do so unless you have a reasonable excuse.

You will usually first be asked to provide a specimen at the roadside and then subsequently asked to provide a second specimen at a police station or hospital.

We can check with you exactly what has happened, whether any mistakes have been made in the way your case has been handled and whether the police have followed the correct procedure in dealing with their requests to you.

We will advise you of the options open to you and the best course of action to protect your driving licence. Where possible, we will raise objections if we believe that your case has not been dealt with properly.

Working with you to establish your defence for failure to provide a specimen

You can only be convicted of failure to provide a specimen if you do not have a reasonable excuse. We will work with you to establish whether you have a valid reason for not giving a sample.

Alternatively, it may be that you were in charge of the vehicle but not actually driving it. If this is the case, then the penalties could be less than if you were driving.

Advice on the strengths and weaknesses of your case and the best approach

We will give you our honest opinion of your case and the options open to you. If you are considering pleading guilty, we can advise you of the best way to do this; for example, an early plea could secure the maximum reduction in sentence. We can negotiate on your behalf to try and obtain the best possible deal.

Drink driving

Our driving offences defence team offer a full range of services, including representation for drink driving charges in the event that you have had a specimen taken and been found to be over the limit.

Drug driving

We also provide advice and representation in drug driving cases, including failing to provide a swab for roadside drug testing and failing to provide a sample for drug testing while at a police station or hospital. In the case of drug testing, this will be a blood sample.

Failure to provide a specimen FAQs

What happens if you fail to provide a breath sample?

Failure to provide a breath sample when you are stopped by the police and asked to do so is an offence under section 6 of the Road Traffic Act, which allows a constable to conduct a preliminary test if they reasonably suspect that you are driving, attempting to drive or in charge of a motor vehicle while having alcohol in your body.

You will then usually be taken to a police station or, if you are injured, to a hospital, where you will be required to provide a specimen of breath, blood or urine.

If you fail to provide a sample at the police station or hospital, then you are likely to be charged with failure to provide a specimen of breath, blood or urine under section 7 of the Road Traffic Act, which allows a constable in uniform to require you to provide two specimens for analysis.

If you do provide samples, these two specimens will be compared and should be roughly similar. The lower of the two will be used as evidence if a case is brought against you.

Once you have been charged, you may need to attend court. We can provide you with expert representation and ensure that your rights are observed.

Can you be convicted of drink driving without a breath test?

You can be convicted of drink driving on the basis of a blood or urine sample instead of a breath test. If you do not provide any sample, then the charge will be failure to provide a specimen, which carries similar penalties to a drink driving conviction.

What is the penalty for not providing a breath test?

Failure to provide is considered a serious offence, in the same way as drink or drug driving is.

Penalties for not providing a breath test or blood or urine sample when you have been driving include a fine of up to £5,000, a driving ban of at least 12 months, unpaid community work and up to six months in prison. If you have a previous conviction, penalties can be higher than this.

If you are convicted of the lesser offence of not providing a specimen when being in charge of a vehicle, rather than driving it, you could be fined up to £2,500, be disqualified for up to 12 months, receive 10 penalty points on your licence or be imprisoned for up to three months.

We can discuss failure to provide a specimen sentencing guidelines with you and the extent of the sentence that you might receive when assessing your case.

Can roadside breath test be used in court?

While a roadside breath test indicates whether someone has alcohol in their system, further evidence is usually needed from the more accurate machine at the police station or laboratory analysis of blood or urine. This is the evidence that will be admissible in court.

What is a reasonable excuse for failure to provide a specimen?

Reasonable excuses for failing to provide a specimen include:

• Having a physical condition, such as asthma, chronic pulmonary disease or panic attacks
• Having a mental condition, such as a phobia
• Learning difficulties

How long does failure to provide a specimen case take?

The length of time taken to process a failure to provide case depends on the prosecutors’ and courts’ workloads. It can take anything from a few weeks to several months to reach an initial hearing date.

The prosecutor should usually notify the court within six months of the alleged offence. Once the charge has been made, a court date will be issued. The first hearing will be your chance to enter your plea. If you plead not guilty, a further hearing date will be set. This could easily be more than a year after the date of the alleged offence.

How much does a failure to provide case cost?

If you are interviewed at a police station, you have the right to free legal advice and representation. There may be a duty solicitor available to represent you or you can contact us and ask one of our expert driving offence solicitors to help you.

We also provide privately funded representation for driving offences. For information about our fees, see our road traffic offences – pricing page.

Fines for a conviction can be substantial, so it is often advisable to pay for expert advice to ensure you have the strongest possible defence.

For more information on our services, see our road traffic offences solicitors page.

Speak to our failing to provide a specimen solicitors in Eastbourne and Hastings

From our offices in Eastbourne and Hastings, our failure to provide solicitors represent clients across the whole of East Sussex, including in Bexhill-on-Sea, Hailsham, Polegate, Battle, Pevensey and St Leonards-on-Sea.

For help with failure to provide charges, to include police interviews and hearings, contact our team today:

• Daytime phone number : 01323 644222
• Out of hours phone number: 07724 350521
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 28 – 30 Hyde Gardens Eastbourne East Sussex BN21 4PX