Failure to Provide a Specimen
What is the Offence of Failing to Provide a Specimen?
Being accused of failing to provide a specimen of breath, blood or urine can be extremely intimidating. Many motorists do not realise that this offence is treated just as seriously — and in many cases more seriously — than drink-driving or drug-driving themselves. A conviction can result in a lengthy driving ban, a large fine, and in certain situations, a custodial sentence.
These cases often arise where a driver is confused, anxious, unable to provide a sample for medical reasons, or simply does not understand the procedure. Yet the law is strict: if the police believe you deliberately refused or failed to provide a sample without a reasonable excuse, they can charge you.
In 2024, over 8,000 drivers in England and Wales were convicted of failing to provide a specimen, showing how common misunderstandings, health issues or procedural failures can lead to serious allegations.
As specialist motoring offence solicitors, we regularly defend these cases and can help guide you through the legal process with clarity and confidence.
Why Have You Been Charged?
Under Section 7 of the Road Traffic Act 1988, a driver commits an offence if they:
- Refuse or fail to provide a specimen of breath at the roadside, or
- Refuse or fail to provide breath, blood or urine at the police station, without reasonable excuse
A specimen may be requested when the police suspect:
- Drink-driving
- Drug-driving
- The presence of alcohol or drugs
- Involvement in an accident
There are two key charges:
1. Failing to Provide a Specimen for Analysis
This applies at the police station and is treated very seriously.
2. Failing to Provide a Preliminary Specimen
This applies at the roadside. While still serious, penalties are usually lower.
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Possible penalties include:
- A driving disqualification of 12–60 months
- Unlimited fine
- Community order
- Up to 6 months’ imprisonment in more serious cases
- A criminal record
Because the penalties are severe, the court expects clear reasoning and strong evidence if you argue that you had a reasonable excuse.
What Are the Defences for Failing to Provide a Specimen?
There are numerous legitimate reasons why a person may not be able to provide a sample, but these must be supported by evidence and carefully presented. Some of the most common defences include:
Medical Conditions Preventing a Sample
Similarly, phobias, needle-related anxiety, or medical risks may affect blood or urine samples.
Incorrect Police Procedure
• giving clear instructions
• issuing the statutory warning
• offering alternative sample types when required
• ensuring qualified personnel take blood samples
• ensuring equipment is functioning properly
Any breach can undermine the prosecution.
No Statutory Warning
Machine or Equipment Failures
Reasonable Excuse
• genuine medical inability
• severe mental health episodes
• shock or confusion following an accident
• incorrect instructions from officers
• inability to understand what was being asked (e.g., due to language or hearing difficulties)
Lack of Intent
Unreliable Police Evidence
Failure to provide cases often turn on fine details, making early legal advice essential.
Contact Our Failure to Provide Solicitors Today
If you are facing an allegation of failing to provide a specimen, it is crucial to seek expert legal advice as soon as possible. These cases carry some of the harshest penalties in motoring law, and professional representation can make a significant difference to the outcome.
Our specialist motoring solicitors will assess the evidence, identify any procedural or medical defences, and provide clear, practical guidance tailored to your circumstances.
For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
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Our team have extensive experience and expertise in motoring law defence.
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Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
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