Failure to Provide a Specimen
Specialist motoring law firm Nelson Guest & Partners have over 25 years of experience in handling road traffic offences, including failing to provide a specimen.
If the police have reason to believe that you are driving under the influence of alcohol or drugs, they have the authority to ask you to provide samples for analysis - usually through breath, blood or urine. This may be via a roadside test or a test carried out at the police station. If you fail to provide a sample when required, this is considered to be a criminal offence for which you could be potentially charged for.
The penalties for failing or refusing to provide a specimen can include six months imprisonment, an unlimited fine and at least one year’s ban from driving. Failing to provide a specimen is an offence the courts take seriously, and prosecution could have a significant impact on your career and lifestyle. However, there are certain circumstances in which an expert defence solicitor can justifiably secure either an acquittal or a more lenient sentence for a defendant charged with the offence.
Our specialist road traffic offence solicitors can work alongside you to review the circumstances of your individual case, helping to establish a robust defence against allegations of failing to provide a specimen.
At Nelson Guest & Partners, we can offer you:
- A free initial consultation to provide advice about your options
- A premium service from a team of road traffic offences experts
- Specialist legal defence at the police station and at court
- Appeals advice if you have already been convicted
- Clear information about our driving offences fees, so you always know where you stand in terms of costs
We can also carefully examine matters related to police and prosecution procedures which, if not followed correctly, can have a significant outcome on any potential court cases.
It is in your best interests to instruct one of our expert road traffic lawyers in London as soon as possible, who can ensure you have the right to a fair outcome, no matter what the circumstances of your individual case may be.
Speak to our road traffic offences solicitors in London
If you have been charged with, or convicted of, failing to provide a specimen, our London road traffic solicitors can lend their support.
How our team can help with a charge or conviction for failing to provide a specimen
Advice if you have been arrested for failing to provide a specimen
If you have been arrested for failing to provide a specimen, it is strongly advisable to contact a solicitor as soon as possible, if you have not already, to represent your interests during this stage.
If you ask us to deal with matters on your behalf, we will contact the police to see if they will be proceeding with the issue so that you are not left waiting indefinitely to see what might happen. We can also advise you as to the process being followed and what might happen next.
Representation for court proceedings
If you have failed to provide a specimen, you may need to attend court proceedings. If this is the case, our motoring offence solicitors can provide robust representation at court, including the Magistrates’ Court, Youth Court and appeal courts.
In certain scenarios, we can also instruct specialist criminal defence barristers on your behalf to ensure that your rights are well protected.
Appealing a conviction for failing to provide a specimen
You may have already been convicted for failing to provide a specimen. If this is the case, and you believe that your conviction was unfair, it is vital that you contact our team as soon as possible about making an appeal.
There are strict deadlines for making appeals against road traffic offences, so it is important that these aren’t missed.
Our failing to provide a specimen defence fees
We are able to offer fixed fees for cases related to failing to provide a specimen. This covers work throughout, including police station representation, the investigation stage and any court representation.
This means that you can be certain of what the costs will be from the outset of your case, and you won’t have to concern yourself with any unexpected and unwelcome additional expenses.
For information about our pricing, see our Road Traffic Offences fees page.
What happens if you fail to provide a specimen?
If you are stopped by the police, and they have ‘reasonable suspicion’ that you are driving while under the influence of drugs or alcohol, they will likely ask you to provide a specimen for analysis. This could come in the form of a roadside breathalyser test, or you may be required to go to a police station to provide a blood or urine sample.
If you refuse to provide a specimen at the roadside, you will be taken to the police station. Failing to also provide a specimen at this stage may result in a conviction for failing to cooperate.
What is the penalty for failing to provide a specimen?
The penalties for failing to provide a specimen can be severe. You could face an unlimited fine, a minimum 12-month driving ban and six month’s imprisonment.
If you have a prior conviction for a motoring offence, such as drink driving, the penalty you receive is likely to be much more severe.
For example, if this is your second offence within a 10 year period, then you will lose your licence for a minimum of three years.
Are there any defences for failing to provide a specimen?
There are a number of potential defences for failing to provide a specimen, which means that a charge for the offence may not necessarily lead to a conviction.
There are a number of factors that could explain why you were unable to provide a specimen when required. These are referred to as ‘reasonable excuses’.
For example, you may not be able to provide a specimen because:
- You have asthma or another respiratory condition
- You have a phobia of needles
- You suffer from prostate problems or have a urinary tract infection
- You have a mental health condition
Your case may also be dismissed if the police failed to follow the correct procedures when charging you with failing to provide a specimen.
Get in touch with our team about a charge or conviction for failing to provide a specimen
If you have been charged with, or convicted of, failing to provide a specimen, our London road traffic offences lawyers can help.
For further information, see our road traffic offences resources page.