The Law
Under the Road Traffic Act 1988, if the police have reasonable suspicion that you are driving under the influence of drugs or alcohol, they have the authority to request a specimen from you. This could be a roadside breathalyser test, or you may be asked to go to the police station to provide a blood or urine sample. Under sections 6 & 7 of the Road Traffic Act 1988, it is an offence if a person fails - or refuses - to provide a specimen of breath, blood or urine when lawfully required to do so, unless that person has a reasonable excuse for any such failure.
Penalties
If you're found guilty of failing to provide a specimen, and are caught driving or attempting to drive, you could face a minimum 12 month driving disqualification, and/or a fine of up to £5,000, community service and worst-case scenario, up to six months imprisonment.
If you are found to be in charge of a vehicle and have failed to provide an evidential specimen you could receive 10 points on your licence, a discretionary disqualification, a fine of £2,500- or three-months imprisonment.
If you have a previous drink driving offence which took place over the past ten years, the penalties will be much higher, and disqualification can range from 36 months upwards.
Reasonable Excuses
In some cases, reasonable excuses, such as a medical reason for not providing a specimen could be accepted. These could include:
• Suffering from asthma or respiratory condition;
• Phobia of needles;
• Prostate problems or urinary tract infection;
• Mental health condition.
Hi Lucinda - I wanted to thank you for your support during my case. You put my mind at rest and made the whole process not only painless but also stress free, so thank you.
Dear Lucinda, I wanted to say thanks to you once again. you have done the amazing work for me.
How can we help you?
If you are under investigation for failing to provide a specimen, we recommend you seeking legal advice as soon as possible to avoid the possibility of imprisonment. We can help in one of the following ways:
1. We will assess the likely strengths of the evidence against you. If the police failed to follow the correct procedures, then the case could be dismissed. You must have been warned by the police that you could be prosecuted if you fail to provide a sample, if they have failed to inform you of this, the case can be challenged.
2. Argue reasonable excuse. In some circumstances we may be able to argue that you have a reasonable excuse such as a medical reason for not providing the specimen. You will have to get the condition confirmed by a medical expert. If you successfully prove the medical condition, you may be acquitted.
Lucinda Dore can often fit clients in for a virtual consultation at short notice as we know that you will need urgent advice when at a risk of facing disqualification from driving and imprisonment. Contact our road traffic expert today.