Failing To Provide A Specimen

It means refusing or being unable to give a breath, blood, or urine sample when lawfully required by a police officer during a drink or drug driving investigation, without having a reasonable excuse. This is a separate criminal offence, even if you were not over the limit.

Yes. The police may still decide you failed to provide. However, cases like this can often be challenged. We can review CCTV, machine records, and expert evidence to determine whether the breathalyser was faulty or whether your attempts should have been accepted.

Generally no. The law is clear that providing a specimen cannot be delayed to get legal advice. However, if a solicitor is immediately available and a brief consultation would not cause delay, the court may find you should have been allowed to speak to them. This is rare but can amount to a breach of your rights.

If a police officer believes you’ve been driving, or in charge of a vehicle, while over the alcohol limit or impaired by drink or drugs, they can require you to provide a sample for analysis. This request must come from a police officer, and you are legally required to comply.

Failing or refusing to provide a specimen without a reasonable excuse is a criminal offence. Many people mistakenly believe they can decline the request for a sample. However, refusing can lead to harsher penalties.

Not every refusal is unlawful. You may have had a reasonable excuse, but you must be able to prove it in court.

Examples include:

• Severe panic attack
• Chronic breathing conditions such as asthma
• Medically recognised physical or mental incapacity
• Needle phobia (for blood samples).

There is no exhaustive list of reasonable excuses. Medical evidence is often crucial, and our team regularly works with specialist experts to build strong defences.

• Decades of experience defending failing to provide allegations
• In depth knowledge of police procedures and evidential requirements
• Close relationships with medical and forensic experts
• Clear, jargon free advice tailored to your case
• Nationwide coverage and representation.

We collect all relevant information from you, the police, and the CPS, and provide honest, practical advice on your chances of success and the best strategy.