Fail to Provide
Failing to provide a specimen of breath is a criminal offence when requested by the police if you are suspected of committing a drink driving offence. The Law states that if the police are investigating a case of driving under the influence of drink, drugs or being drunk in charge of a motor vehicle, you are legally bound to provide a specimen of breath, blood or urine to the police at their request. If you do not supply this sample, you will be charged with failing to provide a specimen.
There are very few defences for this particular offence, as there are three ways in which the specimen requested can be provided. However, if you have a reasonable excuse for failing to provide or refusing to provide, such as a medical condition which means you have poor lung capacity or that you are needle phobic. You may also feel sufficiently intimidated by the police and the process involved, that your find yourself unable to provide a sample.
What are the penalties?
Failing to provide a specimen is a serious offence. The police and the court will assume that you do not want to provide a specimen as you know you are over the limit. If you are charged with this offence you could face:
- A maximum fine of £5,000
- Between 3 and 9 penalty points on your driving licence
- A mandatory driving ban of a minimum of 12 months
- Community Service
- Electronically Tagged Curfew
- Up to 6 months in prison
- A new driver will have their driving licence revoked and will need to retake their test to be able to drive again
- You may face an additional driving ban if you receive more than 12 points on your licence, due to totting up. This will be for a minimum of 6 months
- A Criminal Record