Failing or refusing to provide a sample.

Refusing to provide a specimen for analysis (at the police station).
¢A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.¢ Road Traffic Act 1988 s7(6)

The law in this area is technical and complex. The police must follow very exacting procedures in the questions they ask, the recording of answers and the equipment they use. Errors in procedure can make certain evidence unreliable and inadmissible in court.

Most defences advanced are based on ¢reasonable excuse¢. The defendant will usually have to satisfy the court that there is a medical reason for the failure this is normally only successful if backed up with an appropriate medical report.

The offence is imprisonable (maximum 6 months) and carries a mandatory minimum 12months ban (unless there are special reasons) if the defendant drove or attempted to drive.The minimum disqualification period is increased to 3years for someone who commits 2 relevant offences within 10years.

If the defendant was simply in charge then the maximum term is 3 months, there is a discretionary ban and 10 points (unless there are special reasons) if the ban is avoided.

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