Failing To Provide A Specimen

Q: What does “failing to provide a specimen” mean?

It means refusing or being unable to give a breath, blood, or urine sample when lawfully required by a police officer during a drink or drug driving investigation, without having a reasonable excuse. This is a separate criminal offence, even if you were not over the limit.

Q: Can I be charged if I tried to blow but the machine didn’t register?

Yes. The police may still decide you failed to provide. However, cases like this can often be challenged. We can review CCTV, machine records, and expert evidence to determine whether the breathalyser was faulty or whether your attempts should have been accepted.

Q: Can I refuse until I’ve spoken to a lawyer?

Generally no. The law is clear that providing a specimen cannot be delayed to get legal advice. However, if a solicitor is immediately available and a brief consultation would not cause delay, the court may find you should have been allowed to speak to them. This is rare but can amount to a breach of your rights.

If you fail to provide a specimen to the police, without a reasonable excuse, you’re committing a criminal offence. Our expert solicitors can help.

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Expert advice when you need it most

Failing to provide a specimen is a serious criminal offence that can result in a driving ban, substantial fines, and even imprisonment. If the police suspect you of drink or drug driving, they can legally require you to provide a specimen of breath, blood, or urine. Failing to provide - without a reasonable excuse - is itself an offence.

Our specialist motoring offence solicitors have decades of experience defending individuals charged with failing to provide a specimen. Whether you intend to plead guilty or not guilty, we can guide you through the process and work tirelessly to secure the best possible outcome for you.

Police procedure and your rights

You can't be convicted if the police fail to follow proper procedure. For example:

The officer must warn you that refusing to provide a specimen without reasonable excuse could lead to prosecution.
If the police do not give this warning, you cannot lawfully be convicted of failing to provide a specimen.

Our team will examine every aspect of the police procedure, including station CCTV, and custody logs, to identify any potential flaws in the prosecution’s case.

Speak to our expert

We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.

Loren Hills

Associate Chartered Legal Executive

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Meet Our Experts

Loren Hills

Associate Chartered Legal Executive

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How we can help

We will obtain a copy of the available evidence against you, take your full instructions and advise you in full of your options.

If you plead guilty, we will used our experience and preparation to argue for the most lenient sentence possible, presenting mitigation that reflects your circumstances and any factors reducing culpability.

If you plead not guilty, we will investigate the evidence in detail, build a strong defence, and challenge any procedural errors or technical issues. Our team will represent you robustly throughout the case.

Sentencing for failing to provide a specimen

A conviction will usually result in:

A mandatory driving ban of at least 12 months
A fine, community order, or prison sentence depending on seriousness.

If you have a previous drink related conviction within the last 10 years, the minimum disqualification rises to three years.

The courts take deliberate refusals extremely seriously. However, if the refusal was non deliberate or due to a genuine medical issue, we can work to minimise the penalty.

Frequently Asked Questions

What does “failing to provide a specimen” mean?

Can I be charged if I tried to blow but the machine didn’t register?

Can I refuse until I’ve spoken to a lawyer?

What is the offence of failing to provide a specimen?

If a police officer believes you’ve been driving, or in charge of a vehicle, while over the alcohol limit or impaired by drink or drugs, they can require you to provide a sample for analysis. This request must come from a police officer, and you are legally required to comply.

Failing or refusing to provide a specimen without a reasonable excuse is a criminal offence. Many people mistakenly believe they can decline the request for a sample. However, refusing can lead to harsher penalties.

What is a “reasonable excuse”?

Not every refusal is unlawful. You may have had a reasonable excuse, but you must be able to prove it in court.

Examples include:

Severe panic attack
Chronic breathing conditions such as asthma
Medically recognised physical or mental incapacity
Needle phobia (for blood samples).

There is no exhaustive list of reasonable excuses. Medical evidence is often crucial, and our team regularly works with specialist experts to build strong defences.

Why choose Irwin Mitchell?

Decades of experience defending failing to provide allegations
In depth knowledge of police procedures and evidential requirements
Close relationships with medical and forensic experts
Clear, jargon free advice tailored to your case
Nationwide coverage and representation.

We collect all relevant information from you, the police, and the CPS, and provide honest, practical advice on your chances of success and the best strategy.

Our commitment to you

Our experts always start by listening, so we understand what matters most from day one.

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Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
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Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
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Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.