Failure to Provide a Breath Specimen
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
- Mon – Fri: 09:00am – 17:00pm
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.
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 and the onus is on the accused to show that there is a reasonable excuse and this is normally done by providing expert testimony. You will normally have an expert there who can 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.
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.
What is a failure to provide a breath specimen?
It refers to refusing or failing to provide a breath sample at a police station after being arrested.
What are the penalties for failing to provide a breath specimen?
Penalties include a fine, driving ban, and up to 6 months in prison.
Can you refuse to provide a specimen due to anxiety or stress?
No, but you may have a defence depending upon your medical condition
Is failing to provide a specimen worse than drink driving?
Yes, it is just as serious.
What defences exist for failing to provide a specimen?
Defences include medical inability or procedural errors by the police.
Can I lose my licence for failing to provide a specimen?
Yes, a minimum 12-month ban is standard for this offence.
Do police need a reason to request a specimen?
Yes, they must have reasonable suspicion or evidence of an offence.
Does failing to provide a specimen result in a criminal record?
Yes, it is a criminal offence and will appear on your record.
Can I appeal a conviction for failing to provide a specimen?
Yes, particularly if police procedures were not followed correctly.
What should I do if I’m charged with this offence?
Seek immediate legal advice to explore potential defences.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
