Failing to Provide Specimen

Failure to provide a specimen of breath, blood, or urine for a breathalyser or drug test is a serious offence.

If you are convicted, it could result in you receiving penalty points on your licence or going to prison.

Failing to Provide Specimen

  • Offence of Failure To Provide a Specimen Sentencing Guidelines

    The Road Traffic Act 1988 stipulates that if the police reasonably suspect you of driving under the influence of alcohol or drugs, they can require you to provide a specimen of breath, blood, or urine for testing. For example, you may be asked to perform a breathalyser test at the roadside or be asked to go to the nearest police station to give a blood or urine sample.

  • What Are The Legal Penalties For Failing To Provide a Specimen?

    It is a criminal offence to refuse to provide a breath, blood, or urine sample without a reasonable excuse.

    If you are found guilty of failing to provide a specimen, and are caught driving or attempting to drive, a judge could sentence you to a 12-month driving disqualification, and/or a fine of up to £5,000, and/or community service. In a worst case scenario the Court also has the power to hand down a six-month prison sentence. This is unlikely to apply in the case of a first offence but if you have been convicted of drink or drug driving within the last ten years or there are other aggravating factors, you could find yourself in receipt of a custodial sentence.

    If you are found to be in charge of a vehicle and refuse to provide a specimen you could receive 10 points on your licence, a discretionary disqualification, a fine of £2,500, or a three-month prison sentence.

    Given the grave consequences of being convicted or refusing to provide a breath, blood, or urine specimen, it is imperative to instruct an experienced and robust Solicitor with a proven track record of success to defend you.

    Windmill Cross have helped thousands of clients across England and Wales who have been charged with failure to provide a specimen.

    There are several medical reasons for not providing a specimen that may lead to an acquittal, including suffering from a respiratory condition or asthma, a phobia of needles, urinary tract problems, prostate cancer, or certain mental health conditions. Rest assured that we will consider the circumstances of your case compassionately and focus on achieving the best outcome possible.

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Thanks to their expertise, the evidence was carefully reviewed, and they identified crucial details that helped to weaken the prosecution’s case. Throughout the entire ordeal, they kept me informed and supported, ensuring I felt confident during each step of the proceedings. At trial, I was completely acquitted of the charge. I am incredibly grateful for their dedication and hard work. They not only saved me from a criminal conviction but also from a potentially life-changing consequence of a prison sentence. I can’t recommend this firm highly enough. Thank you for everything.

Mr BD

The team’s professionalism, attention to detail, and commitment to my case made all the difference. I can’t thank them enough for their support and dedication throughout the process. If you are facing any road traffic issues, I highly recommend Windmill Cross. They truly care about their clients and will fight for the best possible outcome.

Mr TA

I’m beyond relieved, and I owe it all to the team at Windmill  Cross. They were thorough, sympathetic and truly had my best interests at heart throughout the entire process. If you’re under investigation or facing legal challenges, I highly recommend them.

Anonymous