The Motoring Lawyer
Philip Morris | Specialist Motoring Law Barrister | The Motorist's Lawyer
Philip Morris | Specialist Motoring Law Barrister | The Motorist's Lawyer

Failing to Provide a Specimen

 

Where reasonable grounds exist for suspecting a person to have committed a drink driving offence, a police officer is entitled to seek a breath, blood or urine specimen for analysis. It is an offence for a motorist to refuse to provide this, unless there is a reasonable excuse.

 

This is another complex area of motoring offence law, and whilst many cases end up being straightforward, defences do exist. It should be remembered that even where a motorist considers the request to provide a specimen unreasonable they should always comply - it is easier to challenge a drink driving case where there is no evidence of driving than it is to challenge an allegation of failing to provide a specimen because the motorist hadn't been driving.

 

Convictions for this offence invariably result in disqualification, although there are very limited circumstances in which it may be possible to argue for a licence endorsement , or even "special reasons".

 

Failing to Provide a Specimen: Sentencing Guidelines

The Magistrates Court sentencing guidelines can now be found online. By clicking on the links below you will be directed to the appropriate guideline.

 

Failing to Provide a Specimen ( where the police allege that you have been driving or attempting to drive)

 

Failing to Provide a Specimen ( where the police allege that you are "In Charge" of the vehicle)

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