The Law
The offence of failing to provide a specimen is committed if: “a person, without reasonable excuse, fails to provide a specimen when required to do so.”
The police can lawfully require a person to provide a specimen of:
The officer must warn the person that they could be prosecuted for failing to provide.
The police will decide which sample they require. The suspect cannot choose.
Usually a breath specimen will be first requested. However, a blood or urine sample could be requested.
Reasonable Excuse
A reasonable excuse is generally one which prevents a person from physically or mentally being able to provide a sample such as:
Procedural Defences
For example, should the warning of prosecution not be given, the suspect cannot be found to have committed the offence.
The Penalties
How Can Berri’s Law Help?
If you are arrested on suspicion of drink/drug driving, you can make contact with us from the police station by asking the custody sergeant to phone our emergency number which is contactable 24 hours a day, 7 days a week, 365 days a year.
If you have been charged with an offence of failing to provide, it is important that you obtain expert legal advice as soon as possible.
We will investigate and advise whether you have a defence to the charge.
If you do have a defence, one of our expert motoring lawyers can represent you at trial.
If we believe that there is no defence available to you, we can prepare and present mitigation to the Court in order to minimise the sentence.
For expert advice regarding any motoring offence please contact our team.
Require us out of hours please either telephone us on 020 3325 7415 or email us on info@berrislaw.co.uk or complete the online form.



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