Failing To Provide A Roadside Breath Test / Specimen Of For Analysis At The Station for Drink/Drug drive offences
Failing to provide a Roadside Test.
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
What is the penalty for failing to provide a roadside test?
What advice would you give if you are stopped by the police and asked to provide a roadside test?
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.
Failure to provide a specimen for analysis at the police station?
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
If you fail to provide a urine or blood sample
What is the penalty for failing to supply a specimen at the police station?
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.
Do I have a defence to failing to provide a specimen of breath?
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.
Do I have to provide a sample if I wasn't driving?
What can Auriga Advocates do for me?
- We can help to alleviate all the worry and anxiety that facing an offence of failing to provide a
specimanfor 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.
Why wait put your mind at rest now
One of our legal team will be more than happy to discuss your options and your concerns FREE OF CHARGE.
Between us we will reach the right option for you.
We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.
We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us
By all means browse our website, check out our services and fees you will find we offer our services at highly competitive rates. You do not have to pay extra for attention and support we give that naturally because we care about you and understand what a traumatic experience being charged with an offence is.
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