CONTACT US NOW

Failing To Provide A Specimen

Call An Expert Road Traffic Solicitor

0800 999 5535
24 hour emergency callout 07855 806119

Failing To Provide A Specimen

When the police suspect that a person is guilty of driving while under the influence of alcohol, they will request that the driver give a sample. Typically, this will initially be a sample of breath, unless they do not have breathalyser equipment, but it is down to the police to determine whether they want a specimen of breath, urine, or blood.

Specimen Types

The driver can inform the police of any viable reason why they may not be able to give a certain type of specimen, and in most cases the police will request an alternative, but a failure to provide a specimen is considered a motoring offence, and one that is treated seriously by the police and the courts. Essentially, the courts try to prevent drivers from using this as a route to escape conviction for drink driving offences, which means that the penalties are comparable and may be more severe than if you provide a specimen and are found to be over the limit.

Drug Driving Specimens

Since recent drug driving laws have been introduced, it is now a legal requirement to provide a specimen of saliva or sweat at the road side, if the police believe that you are driving while under the influence of drugs. In the case of both drink and drug driving, if the results of the roadside test show that you are over the limit, or close to the limit, then the police may arrest you and then have an evidentiary sample taken while at the police station. Breathalyser and drugalyser tests are not considered conclusive, and so cannot be used to convict without this evidentiary test being completed.

Giving A Sample

If the police believe you were driving a vehicle, even though you deny it, then they can ask that you provide a sample, and if it is later determined by the courts that you were driving or intended to drive, then you can be prosecuted for failing to provide a sample. In cases like this, it is better to provide the sample, and then have a professional and experienced lawyer prove that you were not the driver of the vehicle in question.

Technical Cases

There are procedures that must be followed in instances where the police demand a sample from a driver, or from somebody that they believe was driving a car. If these procedures were not followed properly, then it is possible for a skilled motoring lawyer to be able to argue the case on a technicality. Attempting to do so yourself may be possible, but you would have to have a clear understanding of all applicable laws and procedures, while being able to prove that they were not followed properly.

Failing To Provide A Specimen

Failing to provide a specimen is a serious offence, and one that carries equally serious penalties. If told to provide a specimen, then you should do so. Providing a specimen, and even failing a breath test, does not necessarily mean that the case is cut and dry, and a qualified motoring solicitor may be able to help you defend your case later, but it could prove more difficult to defend a failure to provide case.

Call An Expert Road Traffic Solicitor

0800 999 5535
24 hour emergency callout 07855 806119

NAVIGATION