Failure To Provide A Specimen

A person who either refuses or is unable to provide a breath sample via a breathalyser when requested to by the authorities may be liable for a motoring offence, unless they have a reasonable excuse for not doing so. Cunningham’s expert drink driving solicitors can elaborate on and exploit these legalities in regards to your offence.

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

At Cunninghams Driving Offence Solicitors, we have built up vast experience to develop a network of experts in this complex area of drink driving 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 breathalyser devices are used in different parts of the country to detect alcohol levels and therefore determine if the individual is driving with excess alcohol or not. We are therefore extremely familiar with the different types of breathalyser devices used in different parts of the country. Again, we will instruct a relevant expert to comment on the function of the particular breathalyser 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 Intoximeter EC/IR. In some areas such as the North East the police may use a CAMIC Datamaster breathalyser.

Punishment for Failing to Provide a Specimen

A conviction for failing to comply with a roadside breathalyser test will result in four penalty points and a discretionary driving disqualification. Failing to comply with the requirement to provide a sample via breathalyser at the police station carries a fine and driving disqualification for a minimum period of twelve months.

You should be aware that the Magistrates’ Court guidelines suggest a minimum period of driving disqualification of two years if you are convicted. The minimum period is 3 years disqualification if a person is convicted of an alcohol related drink driving offence within the previous ten years.

Cunninghams Driving Offence Solicitors have the resources to represent clients on a nationwide basis for failing to provide a specimen. We are familiar with all the Courts in England and Wales and we have built up a network of expert witnesses and barristers in all parts of the UK for all areas of drink driving law.

Call us FREE today on 0800 32 888 46.

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