Defences to Failing to provide a specimen for analysis

There is only one defence to failing to provide a specimen for analysis, and this is whether you had a reasonable excuse not to provide a specimen.

As soon as this defence of reasonable excuse is raised, it is a matter for the prosecution to disprove this beyond any reasonable doubt.  Therefore, in layman’s terms, if there is a possibility that you had a reasonable excuse for not providing a specimen, then you should be acquitted and therefore avoid a disqualification.  Examples include a genuine fear of needles if you are required to provide a specimen of blood.  Furthermore, there could be a physical reason preventing you from providing a breath sample due to breathing difficulties such as asthma.

A more common form of defence is in relation to a reasonable excuse for a mental health reason such as having a panic or anxiety attack.  You may not understand the requirement to provide a sample for analysis, or the consequences of failing to provide a specimen if you are having a panic or anxiety attack at the time.