A failure to provide a specimen charge is considered a serious offence under the Road Traffic Act 1988. The criminal justice system often treats it as harshly as drink driving or drug driving. The penalties can be life-changing, including a minimum driving ban, heavy fines or even imprisonment. For many, the impact extends beyond the legal consequences, affecting work, family life and mental health.
At Switalskis, our specialist motoring offence solicitors have a solid track record of successfully defending cases involving failure to provide a specimen. This includes a failed roadside breath test or refusal at a police station.
Once we fully understand the circumstances surrounding the incident, we'll get to work identifying possible strategies, and preparing a robust defence. Having helped many clients achieve the best possible outcomes in similar cases, you can trust us to work tirelessly to do the same for you.
Call us today on 0800 1380 458, or get in touch with us via our website to speak to one of our expert team about defending your failure to provide a specimen charge.
If you’ve been charged with failing to provide a specimen, our team will carefully review the evidence to determine how best to defend you. We’ll secure medical evidence or documentation to back up claims of a physical or mental inability to provide a specimen. We'll also scrutinise the arrest process to determine whether the police made any procedural errors at any stage.
Our experienced solicitors will represent you in court, safeguarding your rights and presenting a compelling defence. With years of experience handling motoring offences, we understand these cases. Whether your case involves a breath test, blood sample or urine sample, we will be able to provide you with guidance.
Failure to provide a specimen is a charge that arises when a person fails or is unable to provide a specimen of breath, blood, or urine when lawfully requested by the police. It can also occur if they have failed a preliminary roadside breath test.
Seeking legal advice as soon as possible will help you establish mitigating circumstances for refusing to provide a specimen - and maximise your chances of a better outcome.
The penalties for failure to provide a specimen are outlined in UK sentencing guidelines. These include:
A minimum driving ban of 12 months, which may increase to three years for repeat offenders.
A fine of up to £5,000, depending on your financial circumstances.
A custodial sentence of up to six months in the most serious cases.
When sentencing, the court will consider your driving history and the circumstances of the refusal. They will also consider whether it occurred at a police station or if aggravating factors, such as involvement in an accident, apply.
If you were unable to provide a specimen, it’s important to know the law recognises that there may be legitimate reasons, known as reasonable excuses.
Reasonable excuses could include:
We understand how challenging it can be to face these allegations and to explain what happened. That’s why we’re here to help you build your case and make sure the court hears the full context of your situation. We’ll confidently present your arguments clearly and with all the evidence needed to support them.
While the exact steps of how to address your charge may vary depending on the details of the case, here’s a general overview of what you can expect:
The first step is to get in touch with us as soon as possible. It’s important not to admit responsibility or take any formal action without seeking legal advice first. During our initial consultation, we’ll discuss the details of your case, help you understand the charges and outline your options moving forward.
Once we’ve reviewed your case, we’ll start gathering the evidence needed to build your defence. This might include medical records to demonstrate a reasonable excuse, procedural details from the police or other supporting documentation.
If you decide to plead not guilty, we’ll prepare for your court hearing by presenting all relevant evidence and making sure your side of the story is clearly represented. We’ll also identify any errors or inconsistencies in the prosecution’s case that could support your defence.
During the hearing, we’ll represent your interests, arguing your case clearly and effectively. If necessary, we’ll present evidence, such as medical records or procedural errors, to strengthen your defence.
Following the hearing, the court will decide on the outcome. If the case is dismissed, we’ll ensure you understand what that means for your future. If you are convicted, we’ll discuss any penalties, such as fines, disqualifications or other measures, and help you plan your next stepss
A reasonable excuse might include a medical condition or equipment failure. Providing medical evidence or other supporting documentation is crucial to making these kinds of defences.
A minimum driving ban is standard, but demonstrating a reasonable excuse or procedural errors by the police could result in reduced penalties.
Refusing to provide a specimen is treated as seriously as a positive test result, with similar penalties under the Road Traffic Act.
Reach out to us today for a free, no-obligation consultation by calling 0800 1380 458, or contacting us through the website.
Switalskis solicitor Sarah Myatt appeared on ITV Granada News on 16 April 2025, commenting on the case of Peter Sullivan, whose conviction is due to be reviewed by the Court of Appeal next month.
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At Switalskis, we specialise in supporting people who are facing a failure to provide a specimen charge. We offer expert legal advice and compassionate support that will give you:
Being charged with failing to provide a specimen can be nerve-racking, especially when you're faced with legal jargon and unfamiliar processes. At Switalskis, we make the legal process clear and accessible. We’ll explain what’s happening at each stage of your case, answer your questions and make sure you feel fully informed and confident about your options.
We know how distressing this charge can be, especially when it threatens your licence, finances and peace of mind. We’ll take the time to understand your individual circumstances, listen to your concerns and provide advice that reflects the challenges you’re facing.
When defending a failure to provide a specimen charge, having experienced solicitors on your side can make all the difference. Switalskis has a proven history of successfully defending motoring cases, including those involving complex defences such as reasonable excuses or procedural errors. With our expertise, you can trust that your case is in capable hands.
Everyone deserves fair treatment under the law, and we’re committed to making sure your rights are protected throughout the process. We’ll carefully prepare your defence, presenting your case professionally and thoroughly to help you achieve a favourable outcome.
Facing a charge of using a phone while driving can be stressful, but you don’t have to face it alone. Call us today on 0800 1380 458 or contact us through our website to get started.