Fail to Provide a Sample – What You Need To Know

 

What Is the Offence?

If the police suspect you’ve been drink driving or drug driving, they can ask you to give a breath, blood or urine sample. If you refuse or fail to do so without a good reason, you can be charged with a criminal offence: failing to provide a specimen.

This offence is just as serious as being caught drink driving – and the penalties can be the same.

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What Does the Law Say?

The law comes from the Road Traffic Act 1988:

• Section 6 lets police ask for a roadside breath test.
• Section 7 allows police to ask for a specimen (usually breath) at the police station.
• Section 7(6) makes it an offence to refuse or fail to give a sample without a reasonable excuse.

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What Counts as “Failing to Provide”?

You can be guilty if you:

• Refuse outright to give a sample,
• Don’t blow into the breath machine properly,
• Delay or avoid giving a sample on purpose.

It doesn’t matter whether it’s a breath, blood or urine sample – the law applies to all three.

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What Is a Reasonable Excuse?

You won’t be guilty if you had a reasonable excuse – but the courts take a strict view.

Good excuses may include:

• A serious asthma attack or lung condition,
• Mental health problems that make it hard to understand or cooperate,
• A real phobia of needles (for blood samples),
• Recent chest surgery or respiratory failure.

You’ll usually need medical proof (like a doctor’s letter or expert report) to support your excuse.

Example Case:

DPP v Green (2004) – The driver claimed asthma stopped him blowing into the machine. The court said he needed medical evidence. Without it, the excuse didn’t hold up.

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What if the Police Didn’t Follow the Rules?

Police must:

• Have proper grounds to arrest you (like evidence of driving),
• Give you a clear warning that refusal is a criminal offence,
• Follow the right procedure when asking for the sample.

If they don’t, your solicitor might argue that the charge should be thrown out.

Example Case:

McCormick v DPP (1993) – The police had no proof the person had been driving. The court ruled they shouldn’t have asked for a specimen in the first place, so the charge didn’t stand.

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What Are the Penalties?

If you’re found guilty, you face serious consequences:

First Offence:

• At least 12 months driving ban (this is automatic),
• A fine (often based on your income),
• Community service or a curfew in more serious cases,
• Up to 6 months in prison in the worst cases.

If You’ve Been Convicted Before:

• At least 3 years driving ban (if a similar offence was within the last 10 years),
• Much more likely to face prison time.

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Real-Life Example:

R v Gibson (1982) – A driver refused a blood test because of a serious needle phobia. The court said this can be a valid excuse – but only if it’s genuine and backed by evidence.

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What Should You Do If You’re Charged?

• Don’t panic – get legal advice right away.
• Gather any medical records or witness statements if you were unwell.
• Your solicitor can look at whether the police followed proper procedure.

Even if you did refuse, your lawyer may be able to argue for a less severe penalty depending on the circumstances.

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Final Thoughts

Failing to provide a breath sample is a serious offence, and courts treat it like drink driving. But there are some valid defences – especially if you were unwell or confused at the time.

If you’re facing this charge, speak to a specialist motoring solicitor as soon as possible. They can help protect your licence – and possibly your freedom.