Failing To Provide a Roadside Breath Test/Specimen 

Auriga Advocates are specialist solicitors in offences of failing to provide in drink/drug related offences. You will be wondering if you have a defence! Well, we are here to help you defend your licence, so put your mind at rest by speaking to one of our specialist drink/drug drive solicitors.

If you are suspected of having driven whilst under the influence of drink or drugs you will be asked to provide a roadside sample, which will indicate if you are exceeding the limit.

If the reading is positive you will be arrested and taken to the police station for further tests.

However, since the 10th April 2015 the police do not have to request a preliminary test for excess alcohol offences and can, if they have the correct devices move onto an evidential test, the results of which can be relied on in court.

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The penalty for failing to provide a roadside breath test is a £1,000 fine, 4 penalty points or a discretionary disqualification. 

Some people think that if they do not provide at the roadside the police will not know if they are over the limit and therefore will “get away” with it. That is not the case, if you fail to provide or obstruct them they will arrest you regardless.

If you are negative on the roadside test they will let you go on your way.

If you are positive they will arrest you and get a specimen at the police station, if that has dropped to below the legal limit they will have to release you without charge.

If you provide over, then you will be charged and bailed to attend court, but that probably would have been the consequence if you just failed to provide in the first place so our advice for dealing with the police if stopped is to co-operate fully and comply with any requests they make even if you think the request is unjustified.

If you fail a roadside breath test you will be arrested and taken to the police station or if you have been involved in an accident and injured you will be taken to the hospital.

The police will request a further specimen for analysis. It is this specimen which can be used in evidence against you as opposed to the roadside test which has no evidential value unless the new equipment is used.

If an evidential test is requested and is over 39 ug you will be charged with the offence of driving with excess alcohol. In relation to drug driving you will be asked to provide a specimen of blood which will be sent off for analysis. If you refuse to provide or do not provide a sample you will be charged with failing to provide a specimen for analysis.

If you fail to provide a urine or blood sample the same principles apply.

READ MORE ABOUT Drink Driving

READ MORE ABOUT Drug Driving

The penalty will depend on whether you were driving or attempting to drive or where in charge of the vehicle but not driving.

  • Failure after driving/attempt drive – Level 5 fine/6 months and a mandatory disqualification of a minimum of 12 months
  • Failure after being in charge – Level 4 fine/3 months and 10 points/discretionary disqualification.

You cannot ask to delay providing a sample until you have received legal advice as this will amount to a refusal. Although some custody sergeants will let you make a call if someone is readily available but they will not wait beyond that.

If you have a medical condition which restricts your ability to provide a sample you may have a “reasonable excuse for not supplying the sample”.

This will usually require expert evidence and it is a complicated defence to run so you should always seek the advice of a solicitor.

The police must follow standard procedures and if they fail the result of the sample provided cannot be used in evidence so your case would be dismissed.

However, you need expert knowledge of the procedures required as well as excellent know how about the prosecution procedures as both the police or the CPS often fail to adhere to them.

The police may request a sample if they have reasonable grounds to suspect that you were driving or are seen in charge a vehicle, so you should provide a sample for analysis. Failure to do will result in an offence which potentially could carry a heavier sentence than if you were over the limit. 

  • We can help to alleviate all the worry and anxiety that facing an offence of failing to provide a specimen for analysis can cause by giving free initial advice
  • We can represent you in a police station interview. For more information see our police station interview page
  • We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
  • We will keep you informed every step of the way.
  • We will answer all of your questions and concerns.
  • We ensure that you get the best representation in court because we only used advocates we know and trust.
  • If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert representation to secure the best result possible
  • We will listen and support you all the way without extra charge
  • We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.