The Road Traffic Act 1988 provides for the collection of the following specimen types:

1. Breath Specimen.

A preliminary roadside breath test may be required if a police officer reasonably suspects that a driver is under the influence of alcohol. This is authorised under Section 6(1) of the Act. If the breathalyser indicates a reading above the legal limit, the individual will be taken to a police station for an evidential specimen, which may consist of breath, blood, or urine.

If a person refuses or fails to provide a breath specimen without a reasonable excuse, they may be arrested and subsequently charged under Section 7(6) of the Act.

2. Blood Specimen.

A blood sample may be required when a breath specimen cannot be obtained for medical reasons or if the breathalyser equipment is unavailable or unreliable. Blood samples are also commonly requested in cases involving suspected drug impairment.

3. Urine Specimen.

Urine tests are used less frequently but may be required when obtaining a breath or blood sample is impractical. Like blood samples, they are primarily used to detect drug use.

Defence of Reasonable Excuse.

The charge of failing to provide a specimen is only made if a person does not have a reasonable excuse for failing to provide.  What may amount to a reasonable excuse depends on the facts of the particular case. Some of the most common reasonable excuses are:

• Medical Defences: This may include respiratory conditions where a person attempted to provide a specimen but has been unable to do so. Mental health conditions such as anxiety or panic attacks that may affect your ability to either consent or comprehend what was being asked of you.  (Expert evidence is often required in medical defences)
• Procedural issues: Whether or not the police have followed the guidance in the MGDD form and the requirements of the Road Traffic Act 1988, 
• Unclear instructions provided by the officer, or a lack of officer training 

The above list is not exhaustive.

There are many cases where a defence of reasonable excuse can be advanced. Following an initial consultation, we will be able to advise you whether there is a potential defence of reasonable excuse available to you.

Penalties for Failing to Provide a Specimen.

The Sentencing Council sets out sentencing guidelines for this offence, categorised into three levels based on the seriousness of the circumstances. Possible penalties include:

1. Driving Disqualification.

• A mandatory minimum disqualification of 12 months applies in all cases.
• The ban must be extended to 36, up to 60 months, for repeat offences within 10 years.

2. Financial Penalties.

• A fine may be imposed, often calculated as a percentage of the individual’s weekly income
• The court assesses income rather than expenditure when determining fines.

3. Community Orders and Custodial Sentences.

• Community service, curfews, or rehabilitation programmes may be imposed.
• In serious cases, up to 6 months’ imprisonment may be ordered.