Failing to provide the police with a specimen could leave you convicted of a drink driving offence for failing to provide a specimen. If you fail to provide a complete sample then you may be taken to a police station or hospital for further testing and will need to cooperate in providing a further breath test, urine or blood sample. This sample would then be used as evidence against you in court and is called the ‘evidential’ sample.
If you fail to provide the police with a sample (whether you were over the alcohol limit or not) you may be prosecuted for failing to provide a specimen and can be convicted for this offence unless the court finds that you had a reasonable excuse not to provide a specimen. If you need advice our expert motoring solicitors are here to help – 0800 046 3066
If you fail to provide a specimen, this can lead to the following punishment:
• A very serious offence can carry 6 months imprisonment and a compulsory minimum ban of 12 or 36 months if you carry a previous offence up to 10 years before. You may also receive a fine of up to £5000. This type of offence in extreme circumstances can carry a community or prison penalty.
• Failing to provide a roadside breath test will lead to a discretionary ban and fine of up to £1000.