Fail to provide specimen

Failing to provide a specimen for analysis is an offence when  person either refuses or is unable to provide a breath, blood or urine sample when requested to at the police station, unless they have a reasonable excuse for not providing.

Once such a defence is raised, the onus is upon the prosecution to negate it.

Given the complex and technical nature of this are of law and the various legal issues that arise from requirements to provide a specimen it is crucial that seek the advice of a specialist solicitor at the earliest opportunity if accused of an offence.

Sentencing Guidelines

Maximum: Level 5 fine and/or 6 months custody.

Must endorse and disqualify for at least 12 months.

Must disqualify for at least 2 years if offender has had 2 or more disqualifications for periods of 56 days or more in the preceding 3 years.

Must disqualify for at least 3 years if the offender has been convicted of a relevant offence in preceding 10 years.

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