On 10th May 2022, the government announced it was bringing forward changes to driving penalties to meet its longstanding commitment to ensure the courts have the powers they need to deal with offences involving death by dangerous driving and death by ...
Failing to provide a specimen of breath, blood or urine without reasonable excuse is a criminal offence. Often, a person may have a reasonable excuse (whether a medical reason or not) for not providing a sample meaning that a charge for this offence may not always lead to a conviction.
It is important to always take legal advice when charged with failing to provide a specimen because, whether there is an obvious defence available or not, the penalties for failing to provide a specimen are extremely wide ranging with the sentencing guidelines giving much more room for interpretation than the more definitive offence of drink driving.
What is certain is that a disqualification if convicted will lead to a ban from driving for a minimum of 12 months. Due to the make-up of the sentencing guidelines the courts’ routinely look to impose disqualifications for this offence by starting at the 17 month mark. Even if it appears that there is no defence available, it is important to get the right representation at court to ensure the court take all of the relevant factors into consideration when deciding upon penalty.
Our specialist motoring lawyers have the expertise to advise and assist you, call our 24 hour driving offence helpline on 01616 966 229 or complete our online enquiry form.