Failing to provide an Evidential Specimen


It is an offence to refuse or failing to provide a specimen for an evidential breath test or blood or urine test under s 7 Road Traffic Act 1988.

If a police officer has reasonable grounds to suspect a drink driving offence he can require a road side breath test. When such a test is failed, further testing can be required at the police station by way of a further breath test or urine or blood samples.

Officers requiring such samples must follow set procedures which if breached, can lead to a defendantís acquittal. When a person fails to provide such a sample they can be prosecuted for failure unless they have a 'reasonable excuse'. Geoffrey Miller Solicitors have extensive knowledge of the detailed case law in this area and can advise you of whether a 'reasonable excuse' may arise in your case.

It is also necessary that any person prosecuted for this offence was given an appropriate warning about the possibility of prosecution prior to the sample being required.

How can XALC help you from here?

Please take your time to browse through this site and to look at our video interviews with previous clients if you have not done so already.

If you would like to ask us more specific questions about how we may be able to assist you with your case, we are happy to communicate with you in via the 3 options listed below. WE DO NOT CHARGE FOR THE INITIAL ENQUIRY.

  1. Call us for a "no strings" chat on freephone 08000 85 27 84
  2. Email us via our contact us page
  3. Or simply email us for a call back by leaving your own name and contact number