Failure to provide a Specimen
If a person refuses to provide a specimen of breath when lawfully required to do so at a police station or at a roadside they commit an offence. However, a person may avoid conviction if they argue that they had a “reasonable excuse” for failing to provide a specimen.
A person may have a “reasonable excuse” if there are medical reasons for their failure to provide a specimen for example, if breathing difficulties prevent them from blowing into the machine. Alternatively, a person may argue that a phobia of needles prevented them from being able to provide a specimen of blood.
If you think that a “reasonable excuse” may arise in your case Carter Moore Solicitors can advise you and help you to prepare your defence. Expert evidence is often essential. In addition, Carter Moore Solicitors can carefully analyse the circumstances in which a sample has been requested to ascertain whether the requirement was lawful.
Punishment
Failure to comply with a roadside breath test carries a fine, 4 penalty points and discretionary disqualification.
Failure to comply with the requirement to provide a sample at the police station carries a fine and disqualification for a minimum of 12 months. This minimum period rises to 3 years where a person has been convicted of an alcohol related offence within the last 10 years.
