Failing to Provide a Specimen
Failing to Provide a Specimen
If the police suspect you are driving under the influence of alcohol, they have the right to request that you provide a specimen of breath, blood or urine. You are legally required to provide this, and failing to provide a specimen when asked to do so is a criminal offence.
The penalties are substantial, and if you are convicted, you will be banned from driving for at least a year, or at least 3 years if this is a second drink driving conviction in the past 10 years. You could also receive an unlimited fine and, in the most serious cases, up to 6 months in prison.
Should you be charged with failing to provide a specimen, you should speak to an expert drink driving lawyer. At Parnell and Peel, our drink driving defence experts have over 20 years of experience and an exceptional track record of success.
We will look at every detail of your case and discuss with you the best approach. It may be that you have a valid defence, or that the authorities have not followed the correct procedure in handling the matter.
To speak to one of our drink driving offence solicitors today, please call us on 033 00532252 or make a Free Online Enquiry for immediate assistance. All enquiries are completely confidential.
Failing To Provide A Specimen Sentences
If you are charged with failing to provide a specimen, your case will generally be heard by the Magistrates’ Court, unless you are also charged with other, more serious offences.
The magistrates are bound to impose a driving ban of at least 12 months, or 3 years if you have a previous drink driving conviction.
They can also give you an unlimited fine and sentence you to up to 6 months in prison.
Pleading Not Guilty To Failing To Provide A Specimen
If you have a valid defence to failing to provide a specimen, you can plead not guilty. You should speak to an experienced drink driving solicitor before entering a plea, to ensure you are handling matters in the best way. We can advise you on the strength of your case and put together a detailed defence on your behalf.
Failing To Provide A Specimen Of Breath
Under Section 7 of the Road Traffic Act 1988, the police can require you to cooperate with a roadside breath test and also to provide a specimen of breath, blood, or urine at a police station or hospital. The police station test is generally carried out if someone has failed a roadside breath test, although it is not necessary to have had a breath test first.
Failing to provide a specimen of breath, or a second specimen of breath, blood or urine is a criminal offence. If convicted, you will have a criminal record, and it is likely that your car insurance premium will increase. You could also experience other issues, such as difficulties with travel and visas or employment problems.
Can You Get Away With Failing To Provide A Specimen?
If you ask us to represent you, we will examine the evidence to establish whether you have a valid defence to failing to provide a specimen. We are often able to mount a solid defence or, if the authorities have made errors in dealing with the matter, have the charges dropped.
Potential defences for failing to provide a specimen include:
• Medical or physical reasons for being incapable, such as asthma, respiratory problems or a fear of needles
• Mental difficulties in complying, such as panic attacks or anxiety
• Being unable to provide a sample using a breathalyser
• Failings on the part of the police equipment, or the equipment being inaccurate
If you have been charged with failure to provide a specimen, call us without delay. It is easier to gather evidence early on in a case while matters are still fresh in your memory, and information will be easier to obtain.
Contact Our Solicitors For Failing To Provide A Specimen
Our specialist drink driving solicitors are highly experienced and will ensure that you have the expert representation you need.
Call us now on 033 00532252 or make a Free Online Enquiry for immediate assistance. All enquiries are completely confidential.