Failure to Provide a Specimen

If a person refuses to provide a specimen of breath when required to do so at the roadside or at a police station they commit an offence unless that person can show that they had a ‘reasonable excuse’ for failing to provide a specimen.

This tends to be a medical condition such as anxiety or stress or a respiratory condition. In other words a reasonable excuse can be a physical or psychological reason.

At Cunninghams we have built up vast experience to develop a network of experts in this complex area of law.

It is extremely helpful to the defence’s case if you have expert evidence to corroborate your assertions. If you have a respiratory problem then we will instruct a respiratory expert. If you suffer from stress or anxiety or panic attacks when you are asked to provide a specimen then we will instruct a psychiatric expert to provide a report and ultimately attend Court.

Procedural Defects by the Prosecution
We can carefully analyse the circumstances when a sample has been requested to determine whether the procedure followed is correct and therefore lawful.

Different devices are used in different parts of the country and we are extremely familiar with the different types of devices used in different parts of the country. Again, we will instruct a relevant expert to comment on the function of the particular device being used for example in the North and the Midlands it is likely to be an Intoxilyser 600 UK. In the South it is likely to be the Intoximetre EC/IR. In some areas such as the North East the police may use a CAMIC Datamaster.

Punishment for Failing to Provide a Specimen
A conviction for failing to comply with a preliminary roadside breath test will result in four penalty points or a discretionary disqualification. Failing to comply with the requirement to provide a sample at the police station carries a fine and a disqualification for a minimum period of 12 months.

The minimum period is 3 years disqualification if a person is convicted of an alcohol related offence within the previous ten years.

In our experience the best way to discuss and consider any defence of your case is to telephone us on our freephone number 0800 32 888 46. Our telephones are manned by driving defence experts throughout the day, evening and weekends including bank and public holidays.

If you wish to contact us via e-mail, please complete the online enquiry form and we will contact you immediately.