Fail to Provide a Sample for Analysis

If the police have reasonable suspicion that you have driven a vehicle while under the influence of either alcohol or drugs, they have the power to ask you to provide a specimen of breath, blood or urine.

If you fail to provide a sample without a reasonable excuse then you are guilty of the offence

Sentencing for failing to provide a sample for analysis

When considering the sentence it is necessary to know whether the police/CPS are alleging you have driven the vehicle or were in charge of the vehicle.  This will have an impact on the overall sentence and if you are to be disqualified.

In charge – this means you have failed to provide a sample however were not driving the vehicle in question but merely in charge of it.  In these circumstances the sentence and disqualification are as follows:

  • Custodial sentence of up to 6 months in prison, Community penalty i.e. unpaid work, curfew or a maximum fine of £5,000
  • Licence must be endorsed with 10 penalty points or a discretionary disqualification of 6 – 12 months
  • When considering sentence the Court will take into consideration whether your refusal was deliberate and if there is evidence of  that you were seriously impaired

Driving the vehicle – when you have failed to provide a sample and you have been caught driving your vehicle the sentencing will be as follows:

  • Custodial sentence of up to 6 months in prison, Community penalty i.e. unpaid work or a curfew or a maximum fine of £5,000
  • Mandatory disqualification for a minimum of 12 months
  • When considering sentence the Court will take into consideration whether your refusal was deliberate and if there is evidence of  that you were seriously impaired
  • PLEASE NOTE – if this is the  2nd time you have been sentenced for a drink driving related offence in the last 10 years then the minimum disqualification form driving is 3 years

General information

It would be a defence to this charge if:

  • You had a genuine medical reason for not providing a sample.  This can be anything from a breathing problem to a phobia of needles. It is for the Court to decide whether the failure to provide is reasonable

If you have a genuine medical reason for not providing a sample then the onus will be on you to prove that this was reasonable and usually requires medical evidence to support your case.

Strict procedures have been put in place by the Government to control this type of offence and ensure that prosecutions are fair. If the police fail to comply with the procedures then the evidence obtained may be inadmissible.

If you face an allegation of failing to provide a sample we recommend that you contact us immediately so that we can advise you and review the way the Police have conducted your case.

It may not be surprising to know that the police on regular occasions ignore procedures thereby rendering evidence inadmissible.  This results in the case being discontinued by the CPS.

We have experience in dealing with these case and recommend you call us to discuss your case as soon as possible.