6. Failure to Provide a specimen for analysis

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Failing to provide a specimen when required by the police is a serious offence with significant legal consequences. There are several ways a driver can fail to provide a specimen, including:

 

• Outright Refusal: The individual explicitly refuses to provide a breath, blood, or urine sample.

• Insufficient Sample: The individual does not provide enough breath to activate the intoximeter or other testing device.

• Incapable of Providing a Sample: The person is unable to provide a specimen due to being unconscious, severely intoxicated, or violent.

 

PENALTIES FOR FAILING TO PROVIDE A SPECIMEN

General Failure to Provide a Specimen - Maximum Sentence: Up to 6 months in prison and a mandatory disqualification from driving.

 

TYPICAL PENALTIES:

• Honest but Unreasonable Excuse - If a driver had an honest but unreasonable excuse for failing to provide, the penalty is usually a Band C fine and a driving disqualification of 12 to 16 months.

• Deliberate Refusal or Failure - In cases where the refusal or failure to provide a specimen is deliberate, the starting point is typically a low-level community order, with penalties ranging from a Band C fine to a high-level community order and a driving disqualification of 17 to 28 months.

 

• Serious Impairment - Where there is evidence of serious impairment (such as severe intoxication or aggression), the penalties are more severe. The starting point is 12 weeks of custody, with a possible range from a high-level community order to up to 26 weeks in custody, and a driving disqualification of 29 to 36 months.

 

 APPEAL PROCESS

 

Conviction Appeal - If you are convicted of failing to provide a specimen, you have the right to appeal the conviction to the Crown Court. A judge and two magistrates will re-hear the case.

 

Sentence Appeal - If you believe the sentence for failing to provide a specimen is too severe, you can appeal the sentence to the Crown Court. This appeal must be filed within 21 days of the sentencing.