If you are suspected of Drink Driving, Driving whilst Unfit or being drunk in charge, you will be requested to provide a specimen for analysis. The specimen is usually breath but it can be blood or urine. If you refuse you could be guilty of failure to provide a specimen for analysis.
What if I don’t want to give a specimen?
If you don’t give a specimen, you will be charged with the offence. But can you be found not guilty? If the Court believes that the reason given amounts to a reasonable excuse then they can find you not guilty of failure to provide a specimen. Examples of reasonable excuse include medical conditions affecting you ability to provide a specimen of breath, a fear of needles which prevent blood being taken or a problem regarding the production of urine. Expert advice is needed at the earliest opportunity to fully assess the reasonableness of your excuse.
Do I have to give a specimen if I was not the driver?
If you were not the driver, you tell the Police but you should still provide the specimen. Failure to provide a specimen even when you were no the driver is an offence, providing the Police have a reasonable suspicion that you may have been the driver. It is the Court who decides whether the Police had reasonable suspicion, NOT you. Claiming you were not the driver does not amount to a reasonable excuse.
What are the penalties for failure to provide a specimen?
Following a conviction for failure to provide a specimen, you can be punished by up to 6 months imprisonment, a fine of £5,000 or both. In addition you will be disqualified by the Court from driving for a minimum period of 12 months. If you were being investigated for being drunk in charge, and you failed to provide a specimen for analysis, you could face up to 3 months imprisonment, a fine of £2,500 or both. The Court must either disqualify you from driving for the minimum period (12 months) or impose 10 penalty points on your driving licence.
If you have been disqualified previously, the length of the disqualification can increase. If you have previously been convicted of a relevant drink or drug driving offence, within the preceding 10 years, the minimum period of disqualification is 3 years.
What should I do now?
If you face a charge of failure to provide a specimen, you should contact Carl today on 01482 227669 for your free initial consultation or click “ask a question“
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