Failure to provide roadside breath test

Failure to provide roadside breath test will result in potential disqualification.

Failure to provide a roadside breath test occurs when you are stopped by the police at the side of the road and do not provide them with a breath specimen.

Road Traffic Act 1988 Section 6: Failing to provide a specimen of breath for a breath test.

This matter relates to a roadside breath test.A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test…

Penalty: Discretionary disqualification, or alternatively endorsement and a fine.

How We Can Help

A client was charged with failing to provide a roadside breath test in Glasgow. It was found that he did try to provide it, but was unsuccessful due to anxiety caused by his situation
If you failure to provide a roadside breath test you will face potential disqualification.The Sheriff will decide on the information before him whether it was a deliberate attempt to avoid prosecution for drink driving.If they form that opinion you will be disqualified for a minimum period of 12 months.However if he forms the view that you genuinely attempted then he should acquit you after trial.Normally in these trials there must be a specific reason why you were unable to provide a specimen.The most common reason is some health problem which causes difficulty in providing a breath sample.Most of these breath machines require you to provide a continuous sample of air to allow the device to register.If you are using a medical defence you will require to produce medical evidence to back this up.If you fail to do so then the court will not normally take the view you have not satisfied the burden of proof that is required of you.

It is up to you to provide the court with a reasonable explanation why the Sheriff should acquit you from the charge.

It may be the case that it is in your interests to plead guilty and aim to have the court impose an endorsement on your licence.