Failing to Provide a Specimen of Breath (Blood or Urine) at the Police Station

If a person refuses to give a sample of breath blood or urine at the police station, then they commit this offence.

If you are accused of this offence then you should seek legal advice immediately as there are a number of possible defences which may be able to assist you in being found not guilty. For instance, if it can be shown that you had a reasonable excuse for not supplying a specimen then you may be successful in fighting this allegation. A reasonable excuse could be a medical condition such as anxiety or a respiratory condition (in the case of being unable to give a specimen of breath). Also there may be a defence if it can be established that the police did not follow the correct procedure when taking the specimen.

The Penalty

This varies according to whether it is alleged that you were either driving or drunk in charge of a motor vehicle before you refused to give the specimen.

If you drove (or attempted to drive) and were then found guilty of refusing to give the specimen then the maximum penalty is six months in prison or a £5,000 fine. You would also have to be disqualified for at least a year unless there are special reasons. If you have a previous conviction in the last 10 years for a similar offence or for drink driving you must be disqualified for at least three years.

If you were in charge of a motor vehicle before refusing to give the specimen then you may receive up to a three month prison sentence and a £2,500 fine. Also you may be disqualified for any period. If you are not disqualified then you must have 10 points imposed on your licence unless there are special reasons.

Failing to Provide a Specimen of Breath at the Roadside

It is an offence to refuse to provide a specimen of breath at the roadside.

There are a number of defences in relation to this. For example, if it can be shown that the Police Officer taking the breath test was not in uniform and/or did not use a Home Office approved breathalyser then this should amount to a defence. Also if you have a reasonable excuse for failing to give a specimen of breath at the roadside again this can be a defence which if established in court will result in you being found not guilty

The Penalty

The Magistrates may disqualify you from driving. If they chose not to disqualify you then they must impose four penalty points unless there are special reasons. Also they can impose a fine of up to £1,000.

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