Failure to Provide a Specimen for Analysis

Failure to Provide a Specimen for Analysis

Under section 7 (6) of the Road Traffic Act 1988, ‘A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence’. (See www.legislation.gov.uk)

A failing to provide a specimen charge typically arises when an individual, suspected of driving under the influence of alcohol or drugs, refuses or fails to provide the police with a breath, blood, or urine sample for analysis. The law takes this offence very seriously because such refusals are often seen as an attempt to obstruct justice or conceal impaired driving. As a result, the offence is treated with the same severity as a drink or drug driving offence.

The penalties for failing to provide a specimen reflect the seriousness of the offence. At a minimum, offenders face a mandatory driving disqualification of 12 months. However, for those with prior convictions for similar offences, the disqualification period can extend to three years or longer. Financial penalties are also common, with fines reaching up to £5,000 depending on the circumstances and the offender’s financial means. More serious cases can lead to a custodial sentence. The maximum penalty includes up to six months of imprisonment, particularly where the refusal is coupled with behaviour that suggests an intention to evade justice, such as involvement in an accident.

There are limited circumstances where a reasonable excuse may justify failing to provide a specimen when requested by the police. However, these excuses must be valid, credible, and supported by evidence. One of the most common reasonable excuses involves medical conditions. For instance, a person suffering from a respiratory condition such as severe asthma or chronic obstructive pulmonary disease (COPD) might be physically unable to provide a breath sample. Similarly, conditions like needle phobia or medical issues that prevent the safe extraction of blood may be considered valid reasons for failing to provide a sample. Another potential excuse could arise from the circumstances in which the request was made. If the police failed to follow correct procedures, such as not informing the individual of their legal obligation to provide a sample or not administering the request within the required conditions, this may provide grounds for disputing the charge.

It is important to note that these excuses must be substantiated. For example, in the case of a medical condition, presenting medical records or a statement from a healthcare professional will typically be required. Without such evidence, claims of a reasonable excuse are unlikely to succeed.

If you are in a position where you want to contest a failure to provide a specimen charge but are unsure as to what to do next, call us. Our professional and experienced solicitors can help from start to finish. Acting promptly is key to ensuring the best possible outcome.