In the UK, the law surrounding drink and drug driving offences is strict, and one of the most serious offences related to these laws is failing to provide a specimen. This is an offence that can result in significant penalties, including driving disqualification, fines, and even imprisonment. So, can you “get away” with failing to provide a specimen? The short answer is no, not without serious consequences.
However, there are situations where a person may have a reasonable excuse for failing to provide a specimen, and in these cases, legal defences may help reduce or even remove the penalties. This article explores the offence of failing to provide a specimen, the penalties you may face, reasonable defences, and how to handle this situation.
What Does “Failing to Provide a Specimen” Mean?
Under UK law, specifically the Road Traffic Act 1988, failing to provide a specimen is considered a serious criminal offence. A “specimen” refers to a sample of breath, blood, or urine that the police may require you to provide if they suspect you are driving under the influence of alcohol or drugs.
If you are stopped by the police and they have reasonable grounds to suspect that you have been drinking or using drugs, they can ask you to provide a specimen. This is done to determine whether you are over the legal limit for alcohol or drugs. If you refuse or fail to provide a specimen without a reasonable excuse, you can be charged with the offence of failing to provide a specimen for analysis.
The offence is typically associated with breath tests, but it can also apply to blood or urine samples in more serious cases or if the breath test is not feasible (e.g., medical issues). The law also requires that the police explain the potential consequences of refusing to provide a specimen, and if this explanation is not provided, your offence may not be upheld.
Types of Failing to Provide a Specimen
There are various ways in which a person may fail to provide a specimen. Below are the common scenarios:
Refusing to Provide a Specimen of Breath
If a driver is asked to provide a breath sample and refuses or fails to provide sufficient breath, they can be charged with failing to provide a specimen. Similarly, failing to allow a blood sample to be taken or refusing to provide a urine sample can lead to the same offence.
Refusing a Blood or Urine Test
In some cases, such as if the breath test is not possible (e.g., due to a medical issue or the officer’s discretion), the police may ask for a blood or urine sample. Refusing to allow the blood sample to be taken or failing to provide a urine sample will result in the same charge.
What are the Legal Consequences of Failing to Provide a Specimen
The penalties for failing to provide a specimen can vary, depending on the circumstances. However, the offence is taken very seriously by UK courts. The general penalties are as follows:
Driving Disqualification
A minimum of 12 months’ driving disqualification is mandatory if convicted of failing to provide a specimen for analysis. In the case of repeat offenders or individuals with a previous drink or drug driving conviction in the last 10 years, the driving ban may be extended for a longer period, up to five years or more.
Fines
In addition to a driving disqualification, the court may impose a fine. This can be a “band B fine”, meaning it could range from 75% to 125% of the defendant’s weekly income. In more severe cases, such as repeat offences or high culpability, the fine can be significantly higher.
Imprisonment
In the most serious cases, such as where there are aggravating factors (e.g., previous convictions, high blood alcohol levels, etc.), the court may impose a custodial sentence. The maximum sentence for failing to provide a specimen can be up to six months in prison.
High-Risk Offender Classification
A person convicted of failing to provide a specimen becomes classified as a high-risk offender by the DVLA (Driver and Vehicle Licensing Agency). High-risk offenders are required to take and pass a medical examination before they are allowed to regain their driving licence after the disqualification period ends.
Reasonable Excuses for Failing to Provide a Specimen
While the penalties for failing to provide a specimen are severe, there are certain circumstances where a person may have a reasonable excuse for refusing to provide a specimen. The courts will consider the facts of each case carefully, and legal defences can help in reducing or dismissing the charge.
- Medical Conditions: If the driver suffers from a medical condition that prevents them from providing a specimen (e.g., breathing difficulties, injuries, or other health-related conditions), this could be considered a reasonable excuse. However, you would need to provide expert medical evidence to back this up.
- Mental Health Conditions: Mental health issues, either pre-existing or caused by the stress of the situation, may also provide a reasonable excuse. Anxiety or panic attacks, for instance, may prevent someone from being able to give a breath sample. Again, medical evidence would be required.
- Police Errors: If the police failed to follow proper procedures during the specimen request (e.g., failed to explain the consequences properly, or if the equipment was faulty), you may have a valid defence. If the police did not warn you that failure to provide a specimen could lead to prosecution, you may not be guilty of the offence.
- Phobia of Needles: If you have a genuine fear of needles and the police require you to give a blood sample, this could be a reasonable excuse, but only if you can provide medical evidence of your phobia. Courts tend to be sympathetic in these cases, but it must be proven that the refusal was based on a legitimate fear.
What Are Not Considered Reasonable Excuses?
While there are valid defences, the following arguments are unlikely to be accepted by the courts as reasonable excuses:
- Belief You Were Not Over the Limit: A personal belief that you were not over the legal limit for alcohol or drugs is not considered a reasonable excuse for refusing to provide a specimen. Even if you feel you are sober, the police have the authority to request a test, and refusing without a valid excuse will lead to prosecution.
- Inconvenience or Personal Commitments: Refusing to provide a specimen because you are in a rush, have personal or work commitments, or find the test inconvenient will not be accepted as a reasonable excuse.
- Preference for a Different Test: If you refuse a breath test and request a blood or urine test instead, this is unlikely to be accepted unless there are valid medical reasons behind your preference. The police have the authority to request a particular type of test based on the circumstances.
- Disagreement with the Reason for Testing: If you disagree with the police’s suspicion that you may be under the influence of alcohol or drugs, this will not be accepted as a valid excuse. Simply questioning the reason for the test does not justify refusing to provide a specimen.
Pleading Not Guilty to Failing to Provide a Specimen
If you are accused of failing to provide a specimen, you may choose to plead not guilty. However, this is a serious decision and should not be taken lightly. The process for contesting the charge typically involves the following steps:
- First Court Hearing: At your first court appearance, you will be asked to enter a plea. If you plead not guilty, the case will be scheduled for trial.
- Pre-Trial Preparations: Your solicitor will work with you to gather evidence, consult experts (e.g., medical professionals if your defence is based on health reasons), and prepare your case.
- Trial: During the trial, both the prosecution and the defence will present their evidence and arguments. You may be called to testify, and witnesses may be questioned.
- Verdict: After reviewing the evidence, the court will issue a verdict. If you are found not guilty, your charges will be dropped. If you are found guilty, the court will proceed to sentencing.
- Appeals: If you are convicted and believe there was a legal error in the trial, you may have the right to appeal. However, you should consult with your solicitor before pursuing this option.
Conclusion
Failing to provide a specimen in the UK is a serious offence with significant legal consequences. While it is unlikely you will “get away” with this offence, there are valid defences that may reduce the severity of your punishment or even result in the charges being dropped. The key to handling such a situation is to seek legal advice from a qualified solicitor who can guide you through the process and help you present a strong case. It is also essential to understand that the courts take into account the specific circumstances of the case, including any reasonable excuses for not providing a specimen. If you are accused of failing to provide a specimen, it is crucial to take the matter seriously and act quickly to protect your rights.
