Failure to Provide a Breath Specimen

Failure to provide a breath specimen in a Police Station will result in disqualification.

Failure to Provide a Breath Specimen is the result of not providing the police with a proper sample of air from your chest. You will be taken to the Police Station immediately after you have been arrested. When you are in the Police Station they will ask you to blow into a device called an intoximeter which will indicate how much alcohol you have in your system. If you fail to provide a sufficient volume of air you will be charged with failing to provide a Breath Specimen. If you are convicted of this matter you will be disqualified.

Road Traffic Act 1988 Section 7: Failing to provide a specimen in a 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.

Penalty: Disqualification is mandatory for a minimum of 12 months, and a fine or imprisonment.

It is up to the accused to show that he or she had a reasonable excuse for not providing a breath specimen. It is similar to a roadside breath test the onus is on the accused to show that their is a reasonable excuse and this is normally done by providing expert testimony. You will normally have an expert there who can speak to the reason that the accused was unable to provide a Breath Specimen. If the Sheriff holds that the defence that is put forward is credible then he will acquit the accused. If not then the Sheriff will disqualify.

How We Can Help

A client was acquitted after it was upheld in court that she had not been given the proper opportunity to provide another sample at a police station. Read more about it here.