Failure to comply is an offence in terms of sections 6 and 7 of the Road Traffic Act. Refusing to provide a specimen can mean a minimum of 12 months disqualification, lessen the chances with a solicitor by your side.
How we can help
If a police officer suspects that a person is driving or attempting to drive whilst under the influence of alcohol or drugs they can require the suspect to provide a specimen for analysis. Failing to comply is an offence whether at the roadside or at the police station. Get in touch with our expert solicitors if you have been accused of failing to provide a specimen.
In the UK and Scotland, a “failure to provide a specimen” charge refers to the offence of not providing a breath, blood, or urine sample when required by the police. This requirement typically arises when the police suspect a driver of being under the influence of alcohol or drugs whilst driving, attempting to drive, or in charge of a vehicle.
The charge is part of the Road Traffic Act 1988, specifically Section 7, which outlines the obligations of drivers to comply with a request by police to provide a specimen.
Here are key points about the charge:
The police can request a specimen if they have reasonable grounds to believe a driver has been drinking or using drugs, or if the driver has been involved in a road traffic accident.
The request can be made at the roadside (usually a breath test) or at a police station (usually a breath, blood, or urine test).
Refusal or failure to provide a specimen without a reasonable excuse is treated seriously under UK and Scottish law, and will attract a minimum of 12 months disqualification. A reasonable excuse might include a medical condition that prevents the driver from providing a sample, but this must be substantiated by evidence.
It’s important to understand that a conviction for failing to provide a specimen will result in a criminal record. At Neil Kilcoyne Solicitors, we understand that a criminal record can have significant long-term consequences, such as increased insurance premiums and difficulties in obtaining certain types of employment.
Whether you have been charged of failing to provide a specimen at the roadside or the police station, you can count on our expert failure to provide a specimen solicitors to ask the right questions, provide the answers and deliver the best solutions.
✅ Flaws in the Prosecution Case – We will look into if there are any grounds to contest the charge against you.
✅ ‘Reasonable Excuse’ Defence – We will investigate if there was a reason behind the failure or refusal of providing a specimen.
We’ll stand by you every step of the way, guiding you through the full span of the process, which includes:
✅ Understanding relevant legislation
✅ Explaining legal jargon in real terms
✅ Foreseeing any likely evidence based counter-arguments
✅ Providing advice on feasible defence outcomes, and likely outcomes
✅ Offering advice and representation services for any other road traffic related penalities that could be related, such as drunk in charge, drink-driving, carless driving
✅ Expert representation in court
Your well-being is our priority, and our team is committed to securing the best possible outcome for you. Get in touch for a free, no-obligation telephone consultation, and a member of our team will get back to you as soon as possible.
Failing to provide a specimen is an offence in terms of sections 6 and 7 of the Road Traffic Act. If you refuse to provide a test or fail the test at the roadside, this will result in the requirement of providing a specimen at the police station. If you refuse to provide a breath specimen at the police station, this will attract a minimum of 12 months disqualification.
Sentencing for failure to provide a specimen can vary depending on the severity of the initial offence for which you were charged, for example: drunk in charge vs drink-driving; careless driving vs dangerous driving.
The severity of your initial charge will determine which offence category you fall into, which will inform the outcome of the failure to provide a specimen sentencing, however, here are the sentencing guidelines simplified:
If you require legal assistance or advice if you have been accused of failing to provide a specimen, get in touch with our solicitors in Glasgow. We will take a look at your case to determine if there are any reasonable defence angles that can help you with your claim.
Our road traffic solicitors can also help with Drunk in Charge claims, Driving Uninsured, and Totting Up.
If you have been charged with a road traffic offence, you need to take advice right away. We have solicitors available 24 hours a day 7 days a week for advice.
Legally, a “reasonable excuse” must stem from a mental or physical inability to provide a specimen, and medical and/or expert evidence must support this defence. What constitutes a reasonable excuse can only be accurately determined by an expert road traffic law solicitor, who is best positioned to guide you on what does and does not qualify as a defence.
Establishing a link with supporting evidence is crucial, and will be a key part of the process when presenting your case in court.
Section 172 of the Road Traffic Act 1988 states that, if you are the registered owner of a vehicle, you’re legally required to provide your information/the driver’s information to the police if and when asked. You have 28 days to provide this information. A Failure to provide information charge occurs when a driver does not share their details, such as their name and address, with the police following a road traffic incident within the 28-day deadline.