If a person refuses to provide a specimen of breath when lawfully required at a police station or a roadside, they commit an offence. However, a person may avoid conviction if they argue they had a “reasonable excuse” for failing to provide a specimen.

A person may have a “reasonable excuse” if there are medical reasons for failing to provide a specimen, such as breathing difficulties preventing them from blowing into the machine. Alternatively, a person may argue that a phobia of needles prevented them from providing a blood specimen.

If you think that a “reasonable excuse” may arise in your case, solicitors can advise you and help you prepare your defence. Expert evidence is often essential. In addition, Solicitors can carefully analyse the circumstances in which a sample has been requested to ascertain whether the requirement was lawful.

Punishment

Failure to comply with a roadside breath test carries a fine, 4 penalty points and discretionary disqualification.

Failure to comply with the requirement to provide a sample at the police station carries a fine and disqualification for a minimum of 12 months. This minimum period rises to 3 years if a person has been convicted of an alcohol-related offence within the last 10 years.

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