The police often ask drivers to provide a specimen of breath at the roadside if they suspect that they have been drink driving. If you don’t blow into the machine you could be charged with failing to provide a roadside specimen. The good news is that it is unusual to be banned for not providing a sample, The bad news is arrest, being taken to the police station to provide a sample there, a court appearance, penalty points and a fine.
If the police have accused you of failing to provide a roadside specimen and you want to challenge the case against you, I may be able to help. Are you worried about a driving ban for failing to provide a roadside specimen? I can help with that too.
Things I Look Out For In a Failing to Provide a Roadside Specimen Case
- Was the suspect unable to provide a specimen due to a medical condition
- Did the suspect have a reasonable excuse not to provide
- Was the specimen of breath not provided due to a malfunction of the breath testing machine
- Errors in procedure by the police
- Errors in procedure by the prosecution
Also Known As
- Refusing a breath test
- Not blowing into the machine
- Fail to provide for an officer
- Failure to co-operate with preliminary breath test
Do Not Confuse With
- Failing to provide a specimen for analysis (a much more serious charge that normally does result in a ban)
- Drink driving
- Driving with excess alcohol
Penalties for Failing to Provide a Specimen
The sentence for failing to provide a roadside specimen is:
- Fine up to £1,000
- 4 penalty points
Crown Court or Magistrates’ Court?
Failing to provide a specimen trials and guilty pleas are always in the Magistrates’ Court. Appeals are in the Crown Court.
Find Out More
- Legal advice for a police interview
- Taking a case to trial in the Magistrates’ Court
- Special reasons not to disqualify or give penalty points
- Avoiding a driving ban for 12 penalty points (or more)
- How I can help with a guilty plea in the Magistrates’ Court
- Appeals to the Crown Court against conviction and sentence
- Second opinions
- Great value fixed fees
- Failing to provide a specimen FAQs
Unsure If You Need Legal Representation for Failing to Provide a Roadside Specimen?
Before you decide if you need a solicitor, call me or request a call back under no obligation.