Unless you have a reasonable excuse, refusing a breathalyser test in the UK is a criminal offence under the Road Traffic Act 1988.
In a state of stress or panic, drivers may decline the police’s request to breathalyse them after being stopped on suspicion of drink driving. Other drivers may feel that refusing is a way to avoid being punished.
The key takeaway is that refusing a breathalyser test without a ‘valid reason’ – or deliberately not cooperating during the test – is treated as severely as drink-driving itself.
This article covers the consequences in more detail; asking the difference between refusing a test at the roadside and at the police station, if there’s a way of avoiding a ban, what the penalties you can expect are, and what constitutes a ‘reasonable excuse’.
Roadside vs police station
You may be asked to provide a breath sample at your car on the roadside, or at the police station. The consequences of refusing at each location may differ slightly.
– At the roadside – if a police officer has reasonable grounds to suspect you have been drinking – or if you have committed a traffic offence or been involved in an accident – they can request a breath test at the roadside. If you refuse to cooperate, you can be arrested immediately. The penalties for refusing a roadside test include up to 4 penalty points, a fine of up to £1,000, or a driving disqualification. Seek advice from experienced totting up solicitors for further guidance
– At the police station – once in custody, the police will ask you to provide an “evidential specimen”. This is usually on a more accurate, calibrated machine. Refusing to provide an evidential specimen without a genuine medical or legal excuse leads to severe penalties.
Can you avoid a ban for failing to provide a specimen?
You may avoid a ban, but only in very limited circumstances. If you have a valid “reasonable excuse” or can successfully argue “special reasons,” it may be possible to avoid disqualification.
In the absence of one of these defences, the offence carries a mandatory minimum 12-month driving disqualification, a hefty fine, or a potential prison sentence.
Penalties for refusing an evidential specimen
If convicted of failing to provide an evidential specimen, the consequences are severe. You may face:
– A driving ban – there is a mandatory minimum 12-month driving disqualification, rising to 3 years if you have an alcohol-related driving conviction within the previous 10 years.
– Fines – an unlimited fine.
– Prison – up to 6 months in custody.
– Criminal record – You will be classed as a “high-risk offender,” which can drastically increase your insurance premiums and restrict international travel.
In countries such as the United States, the convictions could bar entry. Your employment prospects in the future may also be affected.
You should note that the penalties above apply regardless of whether a driver has exceeded the drink-drive limit. The offence relates to a failure to co-operate with a lawful request, rather than the level of alcohol in the driver’s system.
What is a “reasonable excuse”?
There are very few situations that can be deemed reasonable for refusing a breathalyser test.
The law does not permit refusing simply because you want to wait for a solicitor. Feeling nervous, afraid, or simply not wanting to take the test don’t qualify, either. A reasonable excuse usually involves a genuine, verifiable medical or physical condition that prevents you from blowing into the machine, or a condition aggravated by providing a sample
Accepted examples may include:
– A diagnosed respiratory condition such as asthma or COPD that physically prevents you from providing a sufficient breath sample
– A mental health condition that makes co-operation genuinely impossible
– A physical injury sustained before or during the incident
If a medical issue prevents a breath test, the police may require you to provide a blood or urine sample instead.
Drivers who believe they have a genuine medical reason must communicate this clearly, as early as possible in the process. They should also seek legal advice immediately.
At Auriga, our experienced team can assess whether a reasonable excuse applies to your situation, and help you achieve the best possible outcome.