Failing to Provide a Specimen

About Failing to Provide a Specimen Offences

If the police have reasonable suspicion that you have either been driving or attempting to drive a vehicle on a road or other public place, you may initially be required to provide a breath sample at the roadside. The police can also request a sample from you if they believe you are in charge of a vehicle.

If you provide that sample and are found to be over the limit, you will usually be taken to a police station to provide a further breath sample on the intoximeter.

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Failing to provide offences

There are several offences which are often collectively referred to as “Failing to Provide”. The most common is that is failing to provide a breath sample at the police station ie. failing to provide a specimen of analysis. The offences are:

  • Failing to co-operate with a preliminary test (usually at the roadside)
  • Failing to provide a specimen for analysis (usually breath, but may also be blood or urine)
  • Failing to allow specimen of blood to be subjected to laboratory test (where blood is taken without your consent and you subsequently refuse for the specimen to be analysed)

If you would like to know more please contact us today.

Penalties

The penalties for the second and third failing to provide offences above are are similar to those for drink driving and drunk in charge depending on whether you are charged with driving and failing to provide or with being in charge and failing to provide. In either case, you are at serious risk of losing your licence.

You cannot argue exceptional hardship with drink driving/in charge related offences, so it’s therefore important to take proper advice.

If you would like to know more please contact us today.

Defences

The main defence for failing to provide is that you had a “reasonable excuse” for failing to provide the sample. Most frequently this defence is put forward where there are medical reasons for failing to provide the sample. For example, if a motorist is bronchitic, asthmatic or has a medical or physical condition resulting in loss of lung capacity and for this reason is unable to blow into the bag in one continuous breath, or sufficiently hard to operate the Alert, Alcolmeter or Alcosensor.

However, the burden of proof to establish that you had a reasonable excuse is on you. Therefore it is almost always necessary to back this up with medical evidence. Once you’ve established a reasonable excuse, the prosecution must then disprove the defence. If they can’t, you should be acquitted. If you think your case is defendable, it’s sensible to have this confirmed by an expert.

For more information please see our FAQs on failing to provide a specimen offences below.

Failing to Provide a Specimen Summary

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Other Names

Fail to provide breath/blood/urine, Fail to provide a specimen for analysis when suspected of driving or attempting to drive.

Main Legislation

Section 7 Road Traffic Act 1988

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Maximum Penalties

Driving Penalties: If driving or attempting to drive – a minimum driving ban of 12 months. If in charge – 10 points or a ban, usually of up to 12 months.

Fine: Unlimited.

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Court

Magistrates only (unless an appeal)

Imprisonable? Yes – up to 6 months imprisonment.

Need advice on a Failing to Provide a Specimen Offence?

Contact to us today to discuss how we can help you.

Relevant Cases

Failing to Provide a Specimen Offence FAQs

Can I delay giving the sample until I've spoken to a solicitor?

There are numerous cases which have dealt with this, and the courts have made it clear that the procedure cannot be delayed for this reason. The only time it may be possible to argue this is if a solicitor was readily available and the police deliberately obstructed you from speaking with them.

What if I couldn't give a sample for medical reasons?

It could be if you can establish that this genuinely prevented you from providing a sample. However, most people are stressed when being dealt with at the police station, and yet they still manage to provide a sample. The courts may, therefore, be slightly cynical when stress is the only reason put forward. If this argument can be backed up by evidence, it may still be successful.

What do I have to Prove?

When you raise a defence such as reasonable excuse, the onus is on you to persuade the court. The burden is on the balance of probabilities which means ‘more likely than not’.

What if the reason I didn't give a sample because I hadn't been driving or attempting to drive?

The police officer need only have a reasonable belief that the offence has been committed. Therefore, the fact that you were not driving (even if you can prove it) will not prevent a prosecution for being drunk in charge. The same would apply if you fail to provide a sample simply because you hadn’t had any alcohol. It could, however, be a special reason.
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Mission DanMission Dan
09:07 25 Jun 22
Absolutely saved my business. Took on my case, were direct from the start, kept me informed and worked behind the scenes to push my case and get my license returned, despite a somewhat archaic court house. You can tell pragma are specialists in this field and i genuinely recommend them 100% (thanks to lucy, david and claire) you saved my bacon
hayley smithhayley smith
12:14 15 Jun 22
Lucy was extremely thorough , professional and very emphatic. She always took the time to make everything totally clear and gave excellent guidance throughout.My son was facing a charge of death by dangerous driving. His sentenced was reduced to a suspended one with the help of Lucy and her teams expertise.This is a rare outcome.We are enormously grateful for her support and patience throughout the case, and can not recommend her highly enough!
Atanas CAtanas C
18:51 26 May 22
Just out of few miles.As we wheel around we do step at times on the lines labelled as traffic law. You could be fine at the moment but the sweet moment does not last. Out of just a few miles, the minute problem starts snowballing to a self-unmanageable level. Paper from traffic police paper from the court, bitter mouth, the clock is ticking and nothing sensible comes to mind of what to write to the court rep. When a problem starts simmering and climes we tend to run out of fit ideas. Some call it panicking and I agree. Pragma law has a different set of remedies for similar situations. And I am sharing this from experience. Lucy from Pragma listened to my story and said the problem is not as big as my mixed at the time mind thought it was. ‘’Leave with me and answer my emails timely and don’t worry’’ she said. Six weeks later I was out of the mud. Just like that, …out of a few miles.
Combe ClovisCombe Clovis
09:51 26 May 22
I just want to say thank you so much for your support for your help and advice, I really appreciate your services I was panicking, i couldn't sleep for properly because the thoughts l couldn't imagine losing my licence or getting banned for 6 months because l drive for living getting banned for 6 months means loosing my income for 6 months therefore loosing my home and get into really hardship so I really appreciate prgma low and special thanks to Mr David swingler who was there for me and advice me and defend my case really well and win the case for me instead of 6 months disqualification I got 14 days this for me it was big win thanks to David Swingler and Pragma Low.
Ismail KhanIsmail Khan
15:13 03 May 22
Very diligent, professional and helpful. Lucy prioritised us as our case was time-sensitive and was very prompt and accessible at all times whenever we needed to communicate with her. She helped us get the best possible outcome. Highly recommended!
Neil BrittonNeil Britton
14:33 23 Apr 22
Their pricing is less than that of other specialists.David did a great job of defending me in court.They communicated well and went out of their way to help.Couldn't recommend these solicitors enough.10/10
Michael GillespieMichael Gillespie
17:09 21 Apr 22
Fantastic service and representation. Great result.
Fahd The REAPER MoenisFahd The REAPER Moenis
19:24 20 Feb 22
Lucy is really professional and i was so relaxed and happy to deal with her
shaun allmanshaun allman
17:51 02 Feb 22
Great service, communication and informative with all the advice given to me. Very much will recommend to all my family and friends should they ever need a trustworthy and professional solicitor to help with advice and proceedings with motoring offences.
Filip Rares-NicolaeFilip Rares-Nicolae
18:17 24 Jan 22
Absolutely amazing from start to finish.Was extremely worried about a situation I had got myself in.Was a very very nervous time for me as losing my license would have meant I lost everything including my job.Pragma Law team was helpful, professional, clear and thorough from the outset.It was Lucy Whitaker who represented me in court and I cant stress enough how fantastic she was in that court room. I received the best possible outcome and kept my license. Without her I would of undoubtedly lost my license.As far as I am concerned this was a one off and will never ever happen again, however if I ever was in any situation of this kind in the future there is no where else I would turn.Can not recommend highly enough!
a tanasa tanas
18:02 25 Nov 21
Working with Lucy Whitaker as my lawyer has been the best thing I could have ever done. She sorted out my problem as BEST and i truly recommend her to anyone that needs to solve car problems.Flavia Campilli
Joseph PaynterJoseph Paynter
16:18 12 Nov 21
I recently had a case involving an E-Scooter, unfortunately I committed an offence that I didn't even know was illegal. I contacted Pragma Law after reading reviews and outcomes of similar cases, and was put into contact with Lucy Whitaker. Lucy was very professional throughout the whole process, and was very realistic with me about my outcome from the initial phone call. The consultation was extremely through and well carried out, and Lucy was always available to contact if I had any questions. I couldn't have asked for a better outcome from the court after Lucy's representation- from the potential of a suspended sentence reduced to a ban on the lower end of the range, and without a community order. In the court room Lucy was very good at explaining to the Magistrates that the seriousness of the case was nothing like what the sentencing guidelines were designed to punish for (driving a car) and this is what got my punishment reduced. The prices are reasonable, and transparent from the initial phone call with no hidden costs. Would definitely recommend.
Tim NVTim NV
14:43 14 Oct 21
Was really impressed with PL and Lucy. Was given great advice (which I wouldn’t have been able to obtain without guidance) throughout the whole process. Every time we communicated over the phone it was followed up with a written email with actions, next steps etc. was also fortunate enough to work with her colleague David too who represented my case where I avoided a ban of 6 months.
Abi CorsiAbi Corsi
16:39 14 Sep 21
Lucy is the best lawyer I could have possibly found. I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. I was terrified as if found guilty, I would receive 6 penalty points and would have lost my drivers license. Other solicitors I called said unfortunately there was nothing they could do. Lucy on the other hand immediately reassured me and wrote a letter to the police which persuaded them to drop the charges completely. I honestly can’t recommend her enough. Thank you Lucy!
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15:41 21 May 21
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I have had an extremely positive experience with Lucy Whittaker. She is very knowledgeable, very proactive and always explains things in a clear and precise.She was able to convince the court to drop a driving without due care charge despite the police and the CPS disareeing.I would hesitate to recommend Lucy and Pragma Law anyone who needs assistance.
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15:53 16 Dec 20
Fantastic Service provided by Lucy, very profesional and quick at getting you answers and providing the help you might need! I will definitly be recomening Pragma Law to anyone I know that has a motoring proplem please do the same...
Jobin Mathew JosephJobin Mathew Joseph
18:11 25 Nov 20
Absolutely brilliant! 100 percent reliable! The case was related to driving matter and I had initially approached few other solicitors for help with my case. They all denied saying we would not win the case. But Lucy happily took the case and help me win the case with the best possible outcome.She puts you at ease and confidence. Very responsive in your queries. She genuinely care for case and very pleasant to deal with. Always well prepared and wins you the best possible outcome. Very Very Strongly recommend. Thanks much Lucy.
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11:12 05 Nov 20
I highly recommend Pragma Law for any motoring problem. They were very efficient and professional even with little time to prepare.
A Google User
A Google User
14:30 04 Jul 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.
hannah vanessahannah vanessa
15:45 15 Jun 20
I suffer with anxiety (as many) and this incident completely took over my life for months until I met Lucy. I was super comfortable and confident in her work as she was very professional and was always available to help. Really helped take the stress away - thanks Lucy and thanks Pragma!
Wayne DaviesWayne Davies
14:51 08 Jun 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.
Rukhsar LatifRukhsar Latif
13:59 19 May 20
Lucy genuinly cares about her clients she took on my case dealt with everything herself and won my case I couldn't be happier with the results and the service. I will definitely be using Pragma Law again if needs be.
Vicky ClarkeVicky Clarke
20:16 03 Mar 20
I couldn't have hoped for a better solicitor. Lucy did everything she could to get the best possible outcome for me, and I can't thank her enough
Paul MercerPaul Mercer
17:19 31 Jan 20
Lucy Whitaker provided an impressive, cost effective service. She was objective, responded quickly to questions and, I believe, offered the best advice before efficiently dealing with a case as it came to court.I would have no hesitation either in using Lucy again, should the need arise, or recommending her services.
Rebecca HodkinsonRebecca Hodkinson
16:33 19 Nov 19
Lucy represented me in a driving case and I couldn't be happier. She was friendly, professional and pragmatic without giving me false hope. The outcome was a more positive one than I expected and that's down to her advice and detailed preparations. Would highly recommend! Thank you Lucy!
Gary SykesGary Sykes
22:12 04 Oct 19
We were so impressed with Lucy Whitaker. She represented our son in an unusual driving case which thanks to her knowledge, care & understanding, ended in a much better than expected outcome. Clear, concise & professional, we highly recommend her... can't thank her enough!!
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