What Happens if You Refuse a Breathalyser Test?

If you are stopped by the police on suspicion of drink driving, you may be asked to take a breathalyser test either at the roadside or later at the police station. This is a legal requirement under the Road Traffic Act 1988, and if you refuse without a valid reason, you can be arrested and charged with a separate offence of failing to provide a specimen. The penalties for this can be serious, even if you were not over the drink drive limit at the time.

Many drivers are not aware that failing to provide a specimen is treated with the same severity as a drink driving conviction. The consequences can include a minimum 12-month driving disqualification, an unlimited fine and up to six months in prison. These penalties apply even if you have no previous driving offences. A conviction can also affect your insurance, employment and international travel.

Here, the expert drink driving solicitors at JMW explain what happens when a driver refuses to take a breathalyser test, the circumstances where a medical reason may apply and when to seek legal advice if you're facing prosecution.

Are there different types of breathalyser tests?

A breathalyser test is used by the police to assess whether a driver is over the legal drink drive limit. There are two main types:

• A preliminary test, which usually takes place at the roadside.
• An evidential test, which is carried out at the police station using an approved breathalyser machine.

If a police officer suspects you have been drinking alcohol, they can ask you to take a roadside breath test. This does not require you to be driving - being in charge of a stationary vehicle can be enough. If the result shows that you are above the limit or if you refuse to take the test, you may be arrested and taken to the station for further testing.

When can the police ask you to take a test?

Police officers have the power to request a breath test if they have reasonable suspicion that you:

• Have been drinking alcohol.
• Have committed a traffic offence.
• Have been involved in a road traffic accident.

If you are pulled over, and the officer suspects alcohol involvement, they can ask you to take a roadside breathalyser test. You must co-operate unless you have a reasonable excuse. Even if you haven’t had a drink, failure to provide a specimen can still result in arrest and criminal charges.

What happens if you refuse a roadside breath test?

Refusing a roadside breathalyser test without a valid excuse is an offence. The roadside test is not used as evidence in court, its purpose is to establish whether further testing is needed. If you refuse, the police are likely to arrest you and take you to the station for an evidential specimen.

You will then be required to provide a sample of breath, blood or urine under controlled conditions at the police station. Refusing to provide an evidential specimen without a valid medical reason is a criminal offence. The penalties include a minimum 12-month driving disqualification, an unlimited fine and up to six months’ imprisonment.

What happens at the police station?

At the station, the police will ask you to provide an evidential specimen. This is usually a breath sample, but if that is not possible they may ask for a blood or urine sample.

Refusing to provide a specimen at this stage is a separate and more serious offence known as failing to provide a specimen for analysis. This is covered under the Road Traffic Act and treated as a criminal offence. The consequences are the same regardless of whether the test is for alcohol or drugs.

If you are found guilty of failing to provide a specimen, the penalties include:

• A driving ban of at least 12 months (three years if you have a previous drink or drug driving conviction within the last 10 years).
• An unlimited fine.
• Up to six months’ imprisonment.

These penalties are imposed even if you were not driving at the time or were under the drink drive limit. The offence is based on failing to co-operate, not your alcohol level. If you were involved in a road traffic accident or were already on a ban, the sentence is likely to be more severe.

What is a reasonable excuse?

The only time you can legally refuse to provide a sample is if you have a reasonable excuse. These are rare and must usually be backed up by medical evidence. Examples may include:

• A diagnosed medical condition such as asthma or COPD that prevents you from giving a breath sample.
• A mental health condition that prevents co-operation.
• A physical injury that makes it impossible to provide the required sample.
• In some cases, a medical condition that affects bladder control may justify an inability to provide a urine specimen.

In each case, a doctor or medical practitioner will usually be asked to assess you and determine whether your condition makes testing inappropriate.

Can you refuse a blood or urine test?

Police can require you to provide a blood or urine sample if you are unable to give a breath sample - for example, if there is a medical issue, or if a medical practitioner decides that a different type of test is more appropriate. In these situations, you are legally required to co-operate unless you have a valid medical reason that makes it impossible or unreasonable to provide the requested specimen.

Valid reasons may include:

• A diagnosed medical condition (e.g. haemophilia or severe needle phobia) that prevents blood testing.
• An inability to pass urine due to a genuine medical or psychological condition.
• Situations where the method of obtaining the sample poses a known health risk.

If you refuse, the penalties are identical. Even a polite or quiet refusal to co-operate is considered a specimen failure, and the law does not require the police to prove you were drunk, only that you failed to follow a lawful request.

Even if you believe you have a genuine excuse, it’s essential to seek legal advice immediately. The police may still charge you, and a court is unlikely to accept your explanation without strong supporting evidence. A solicitor can assess whether your reason is likely to meet the legal threshold for a ‘reasonable excuse’, help you obtain expert medical evidence if needed and advise on how best to present your case.

What happens if you are found guilty?

If you are convicted of this offence, you will receive a criminal record, and the court may refer to sentencing guidelines used in drink driving and drug driving offences. If you previously refused to take a test or have related convictions, the court may impose a longer driving disqualification or a custodial sentence.

A conviction can affect your job (especially if driving is required), your insurance premiums and your ability to travel abroad, particularly to countries like the US, where a drink or drug driving conviction can bar entry.

When should you seek legal advice?

If you are accused of failing to provide a specimen, you should speak to a solicitor as early as possible - ideally before your first police interview or court date. A legal expert, like the team at JMW Solicitors, can assess whether you had a reasonable excuse, help you challenge police procedure or argue for mitigating circumstances.

In some cases, early intervention from a solicitor can make the difference between a conviction and having the charge withdrawn.