Failure to Provide a Specimen Solicitors

If you are stopped in your car by the police and are unable to provide a specimen of breath, blood or urine, you could face the same penalties as if you had been convicted of drink driving. Failing to provide a breath, urine or blood sample when required is a separate offence that comes with serious potential consequences. However, there are certain circumstances that can offer you a legal defence, and you should seek expert legal help as soon as possible if you are charged with a failure to provide a specimen.

The team at JMW is highly experienced in helping people facing such allegations to build a strong defence. In many cases, we are successful at minimising penalties or having charges dropped, including for charges relating to breath tests, urine samples and blood specimens, and we understand both the defences available and how to mount them in the strongest possible terms.

To get in touch with our experienced motoring solicitors, call JMW on 0345 872 6666 or complete our online enquiry form and a member of our team will give you a call back.

How JMW Can Help

The specialist motoring solicitors at JMW can provide the expert guidance you need to successfully contest a failure to provide a specimen charge. We are experienced in cases of this type and will explore every possible defence to help you secure the best possible outcome. Our team offers representation at a police station, during any legal proceedings and in sentencing hearings, to stand by you and work towards the best resolution at all stages of the process.

JMW has been accredited by The Legal 500 and Chambers & Partners guide as one of the UK's top law firms. We are known for our professional and proactive approach, and we take the time to understand the full circumstances of any allegations to provide the strongest defence. Our approach includes examining and countering the prosecution's evidence, and presenting mitigation where possible to minimise the risk of an overly harsh sentence being imposed.

Meet Our Team of Driving Offences Solicitors

JMW's specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of failing to provide a specimen. Our thorough knowledge of the law and comprehensive approach mean that we can build a defence strategy that works for your particular circumstances.

Case Study

Is Failing to Provide a Specimen a Criminal Offence?

If the police officers pull you over and ask you to provide a specimen, you must do so by law. The law states that a driver can be accused of a criminal offence if they fail to provide a specimen of breath after being stopped by police at the roadside, or to provide a blood, urine or breath sample later on at a police station. With this said, a driver can only be charged with the offence if they refuse a police officer's request without a reasonable excuse not to, which means that some statutory defences exist.

Failing to provide a specimen is a serious criminal offence. It is generally viewed as an attempt to avoid a drink driving conviction or otherwise evade the consequences of poor driving behaviour, and there are limited situations in which it is seen as acceptable to refuse or fail to provide a sample.

If you’ve been accused of failing to provide a specimen, our experts will be able to assist you in contesting the charges based on the defences available, or to present mitigating circumstances to limit penalties where necessary.

What Are Considered Reasonable Excuses for Not Providing a Specimen?

There are a number of reasons for not providing a sample that the court considers “reasonable excuses,” and these could reduce or remove your penalty if they form part of your defence. Reasonable excuses include:

• A medical condition suffered by the driver, if this can be backed up with expert evidence. A diagnosis with prostate problems or a urinary tract infection can show that there were legitimate reasons why you could not provide a urine sample when requested.
• A mental health condition, which may be a pre-existing condition, or one brought about by the circumstances of the situation.
• Procedural errors, including any failure in testing equipment or following proper procedures by a police officer, means that the case can be contested and may not go to court.
• Police behaviour, including asking for a sample without the grounds of reasonable suspicion. After asking someone to take a test, the police must explain that failure to do so may lead to prosecution and, if this warning is not given, the driver may not have committed an offence.
• A phobia of needles. If a blood test is requested by police, a reasonable excuse for not complying could be a genuine needle phobia, but if the case is taken to court for assessment, you will need to be able to back this up with medical evidence.

As well as these reasonable excuses, there are "special reasons" and mitigating circumstances that can reduce your penalty. This means that even if you are found guilty of not providing a blood, urine or breath specimen (or decide to plead guilty), your solicitor can work to minimise the sentence you will receive.

What Are Not Considered Reasonable Excuses for Not Providing a Specimen?

It is important to rely on relevant legal grounds when defending a charge of failing to provide a specimen, as there are a number of arguments that are not accepted by the court.

• Your personal belief that you were not over the legal alcohol or drug limit. This will not work as a defence either against failing or provide a specimen or a drink driving charge.
• Personal or work commitments, and the suggestion that the test might be inconvenient in its impact on your day-to-day life.
• Preference for a particular type of test. If you refuse to provide one type of specimen (e.g. breath) but offer another (e.g. blood), this might be accepted. However, if the police have specific reasons for requesting a particular type of test, this is unlikely to be accepted as a reasonable excuse.
• Disagreement with the reason for testing. You have a legal obligation to comply with the request for a test, even if you disagree with the police's reason for requesting the specimen (for example, because you don't believe they had reasonable grounds to suspect you of a drink or drug driving offence). Refusing on these grounds will not be accepted.

Before deciding to dispute your charges, you should consult with a solicitor who will help you to fully understand your potential failing to provide a specimen defences. If you believe that refusing to provide a specimen would be the best way to avoid a charge of drink or drug driving, you should understand that it is in your best interests to comply with the test and speak to a solicitor for a defence against any specific charges that arise afterwards.

What Are the Sentencing Guidelines for Failing to Provide a Specimen?

If you are found guilty of failing to provide a specimen, several penalties may apply. Sentencing is decided by the Magistrates’ Court (or the Crown Court in rare cases) and uses the Sentencing Council’s guidelines and statutory maximums to determine suitable penalties. The court will consider culpability, any relevant previous convictions, the harm caused by the offending, and any aggravating factors raised by the prosecution and any mitigating factors raised by your solicitor.

The maximum penalty is a custodial sentence of up to 6 months in prison, an unlimited fine (although usually no more than £5,000) and a mandatory disqualification from driving. The minimum disqualification is for at least 12 months if the offence occurred while driving or attempting to drive.

If the offence occurred at a time when you were in charge of a vehicle but were not driving or attempting to drive, the penalties are lower. Disqualification is an option but is discretionary, while the maximum fine is £2,500 and the maximum custodial sentence is up to 6 weeks, although this is rarely imposed. Alternatively, the court can impose 10 penalty points instead of a ban, and a community order. However, if you have a prior conviction related to driving and already have points on your licence, the imposition of 10 points can result in an automatic disqualification under totting up rules.

Given the significant penalties for an offence that may not seem all that serious at first, it is essential you seek expert legal help to make sure you are not punished unnecessarily.

What Is the Process for Pleading Not Guilty to Failing to Provide a Specimen?

If recommended by your solicitor, you may plead not guilty and attempt to mount a defence against the alleged offence. The process of doing so typically follows this process:

1. Enter your plea: at your first court hearing, you will be asked to enter a plea. If you plead not guilty, the case will be scheduled for trial.
2. Pre-trial preparations: your solicitor will gather evidence, consult with any necessary experts (such as medical professionals, if a medical defence is being raised) and prepare your argument.
3. Trial: both your solicitor and the solicitor acting on behalf of the prosecution will present evidence and arguments at the trial. You may be called to testify, other witnesses may also be questioned, and your solicitor will be able to present your evidence on your behalf.
4. Verdict: after considering the evidence, the magistrates or jury (depending on the court) will deliver a verdict. If you are found not guilty, your charges will be dropped. If you are found guilty, the court will proceed to sentencing.
5. Appeal: if you believe there was a legal error in your trial, you may have the right to appeal the conviction or the sentence. However, you should never do this without your solicitor's agreement, so seek legal advice before making any challenging decisions.

At JMW, our expertise extends beyond defending you during court proceedings to supporting you during sentencing, and we can present mitigating factors that can minimise your sentence. This may include a lack of previous convictions, good conduct or positive character outside the alleged offence, or an early guilty plea, which can lead to a reduction in your sentence.

Q

Can I Be Charged with Failing to Provide a Specimen if I Was Not Driving Under the Influence?

A

You can be charged with failing to provide a specimen even if you were not driving under the influence. The offence relates to failing to comply with the request for a specimen, not the underlying reason for the request. If the police have reasonable grounds to suspect that you have been driving or attempting to drive under the influence of alcohol or drugs, they may request a specimen. You may also be charged with an offence if you are asked for a sample while in charge of a vehicle, whether or not you were attempting to drive at the time.

Q

Can I Negotiate with the Prosecution to Reduce the Charges or Penalties?

A

In cases where mitigating circumstances are relevant, the court may offer to reduce a sentence, but this will depend on factors like the strength of the evidence and the specific facts of the case. You should consult with a legal professional to understand whether this is a possibility before making any decisions.

Q

Can you get away with failing to provide a specimen?

A

With a strong defence that relies on reasonable excuses, it is often possible to have charges dropped or to be found not guilty of an offence of failing to provide a specimen. An expert solicitor can help you to understand whether you have a valid reason for avoiding a test and may be able to help you reduce or even remove your sentence.