Failure To Supply Roadside Breath Test Offence

Auriga Advocates are specialist solicitors in 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, put your mind at rest and speak to one of team of experts.


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 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.


What is the penalty for failing to provide a roadside test?

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


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 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. 





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?

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.


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 speciman 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.

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.

  • Auriga Advocates have been extremely helpfully, very professional to the highest of standards. My case was dealt with quickly, efficiently and thoroughly. I was given all the relevant information to make an excellent and informed decision for the best possible outcome. Andrea has an extensive knowledge regarding drink drive offences and court in general. I would highly recommend her to anyone with confidence that she would be able to get the best possible outcome.

    Mr L Cheshire

  • I would like to thank you for all your help and support over the last few months both in and out of court, knowing I could contact you if ever i had any questions was very reassuring and made this whole ordeal a lot less stressful, for that I cant thank you enough.

    I found your representation in court excellent, resulting in the lowest possible disqualification and fine I could have received.

    I really appreciate all the work you put into my case thank you. 


  • At times I was unable to go to Auriga’s office, so in turn Andrea came to my home, which took away a lot of the stress.

    Throughout , Andrea was very supportive and showed tremendous dedication.

    Andrea put an excellent defence case at my court hearing, which resulted in a small fine, and a reduced driving disqualification.

    I cannot thank Andrea enough for the professionalism and support she gave to me. I would highly recommend Andrea to anyone in the future.”

    Ms W, Cheshire

  • I came across Andrea via the Website, and after reading the testimonials I decided to make an appointment with Andrea. From that very first meeting I found Andrea very  knowledgeable and professional in her field. Andrea is also a caring, friendly and compassionate person, always at the end of the telephone if I had any questions or queries.

  • I wanted to write to thank both yourself and Tony for your amazing support and performance during my recent drink drive charge. I was thoroughly impressed with you both and will happily recommend you to anyone that may be facing driving convictions in the future.

    Mr C Cheshire ( March 2016)

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • Just a short note to say thank you to you both for your help, assistance and professional guidance in relation to my court case.At all times I felt that you were very much acting on my behalf and supporting him. (drug driving – October 2016)

    Mr L Staffordshire