The Offence of Failing to Provide a Specimen
Failing to provide a specimen for analysis is an offence under section 7(6) of the Road Traffic Act 1988. It applies when a person fails without reasonable excuse to provide a specimen of breath, blood or urine when required to do so by a police officer at a police station.
This offence is distinct from refusing to provide a roadside breath test, which is a less serious offence under section 6. The section 7(6) offence relates specifically to the evidential specimen required at the police station.
The offence can be committed either while driving or attempting to drive, or while in charge of a vehicle. The penalties differ depending on which situation applies, with the driving or attempting to drive version carrying more severe consequences.
Sentencing for Failing to Provide While Driving
Where the failure to provide relates to driving or attempting to drive, the penalties are equivalent to the highest range of drink driving. The court treats the failure as equivalent to a very high reading because the actual level of alcohol is unknown.
The maximum penalty is 6 months imprisonment, an unlimited fine and a mandatory minimum driving ban of 12 months. In practice, the court may impose a custodial sentence or a high-level community order.
The sentencing starting point is typically a 12-week custodial sentence with a 29 to 36 month driving ban. This reflects the seriousness with which the courts treat the deliberate frustration of the testing process.
Sentencing for Failing to Provide While in Charge
Where the failure relates to being in charge of a vehicle rather than driving, the penalties are less severe. The maximum penalty is 3 months imprisonment, an unlimited fine and 10 penalty points or a discretionary driving ban.
The sentencing approach is similar to being drunk in charge. The court considers the circumstances of the failure and any explanation offered. Factors such as the reason for being at the police station and any medical conditions are relevant.
A discretionary driving ban may be imposed in addition to or instead of penalty points. The court has flexibility in sentencing and will consider all the circumstances of the case.
The Reasonable Excuse Defence
Medical Conditions
A genuine medical condition that prevents you from providing a specimen can constitute a reasonable excuse. This includes severe asthma, respiratory conditions, panic attacks and needle phobias for blood tests.
The medical condition must be supported by evidence. Simply claiming to have a condition is not sufficient. Medical records, expert evidence or testimony from a treating doctor will be needed to establish the defence.
Genuine Physical Inability
If you genuinely tried to provide a specimen but were physically unable to do so, this may constitute a reasonable excuse. The court will consider whether you made a genuine and sustained effort to comply.
Police officers are trained to give clear instructions and allow sufficient time and attempts. If you were given the opportunity to try multiple times and still could not provide a specimen, the circumstances will be carefully examined.
What Does Not Amount to a Reasonable Excuse
Fear of needles alone is unlikely to constitute a reasonable excuse for failing to provide a blood sample, unless it amounts to a genuine phobia supported by medical evidence. General anxiety or nervousness is not sufficient.
Being drunk is not a reasonable excuse. The fact that alcohol has affected your ability to understand or cooperate with the testing process does not provide a defence. Religious or moral objections to the testing process are also unlikely to succeed.