Failure to Provide a Specimen

If you are stopped by the police, they may ask you to provide a specimen if they suspect you of committing an offence, such as driving while under the influence of alcohol or drugs. Failing to provide a specimen is a criminal offence, with the potential punishments being extremely serious. Having specialist criminal defence is essential.

At JD Spicer Zeb, our criminal defence solicitors have over 45 years of experience in handling all manner of cases, including cases where individuals have been accused of failing to provide a specimen. We can offer tailored support and build the strongest possible defence against the allegations you are facing.

Our focus is, first and foremost, to help you avoid conviction for failing to provide a specimen. However, where this is not possible, we will take every possible measure to ensure that any penalties you do receive are mitigated as far as possible.

Our highly experienced criminal defence solicitors offer:

24/7 legal support in person and over the phone, 365 days a year
Representation anywhere in England and Wales
Accredited Police Station Representatives to support you during a police interview
Clear, effective legal advice in any language (see our languages spoken)

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Speak to our criminal defence solicitors today

For a free initial consultation on your legal position and the available options, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding failure to provide a specimen, please call our Emergency Number 07836 577 556.

Our expertise with failure to provide a specimen

As a firm, we have over 45 years of experience in handling some of the most complex criminal offences. This includes motoring offences such as failure to provide a specimen.

We have detailed knowledge and understanding of what the offence entails, the evidence the prosecution will require and, importantly, what defences can be raised.

As a firm, we have been recognised for our industry-leading expertise, which means we are well-positioned to offer tailored legal guidance that accounts for your circumstances and the situation you find yourself in.

Many people do not realise that the penalties for failure to provide a specimen are very serious, even leading to prison sentences in some cases. Having expert legal advice and representation is therefore essential.

We have several police station representatives who will be able to offer 24/7 support, no matter what. The evidential breath or other testing procedure cannot be delayed pending legal advice unless it is immediately available at that time.

We have extensive experience handling the various types of evidence relied on for these types of cases, which means we can identify any flaws in the case against you and build the strongest possible defence in court.

Additionally, we have also developed strong relationships with a number of the country’s leading specialist criminal defence barristers. You can be confident you will always receive the highest standard of representation if your case does end up going to trial.

Our expertise in handling criminal law matters, such as failure to provide a specimen, is reflected through our Law Society accreditation for Criminal Litigation. We also hold the Lexcel accreditation for the consistently high standards of our legal practice.

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Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
Public and private funding benefits.
Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
Consequences of interfering with any witnesses.
Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

Pre-charge bail

If you are interviewed by the police as part of a case related to failing to provide a specimen, you may be released on pre-charge bail (also simply known as being released on bail).

When released on pre-charge bail, you will likely be subject to various bail conditions. Common conditions include restrictions on your movement or being required to visit the police station at designated times.

To find out more in relation to pre-charge bail, please use the links provided below:

Fees and funding

When it comes to fees and funding options, we will always be clear and upfront about your options.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

If you do not qualify for Legal Aid, the alternative option is to fund the case on a private basis.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to failure to provide a specimen, including:

Related cases

Common questions about failure to provide a specimen

What happens if you refuse a breath test in the UK?

The police have the authority to conduct a preliminary test on the roadside if they suspect that you are committing an offence while driving, such as driving under the influence of alcohol or drugs.

It is an offence to refuse to provide a specimen at the roadside, at the police station, or at the hospital if you have been injured. This remains true, even if you were not driving under the influence at the time you were stopped by the police.

If you have refused to provide a specimen when given the chance by the police, you could be charged and be required to attend court.

Is failure to provide a specimen its own criminal offence?

Yes, failing to provide a specimen is considered a criminal offence in its own right. Under Sections 6 and 7 of the Road Traffic Act 1988, it is considered an offence if you fail to provide a specimen of breath, blood or urine when requested by the police, either at the roadside or at the police station or hospital.

Being unable to provide a specimen will not be considered a criminal offence if you have a ‘reasonable’ excuse. What is considered to be a reasonable excuse is very limited, highlighting the importance of having expert legal advice and representation if you have been accused of failing to provide a specimen.

Can you get away with failing to provide a specimen?

‘Getting away’ with failing to provide a specimen is not usually possible. If the police suspect you have committed an offence (such as drink or drug driving) and have requested that you provide a specimen, it is a legal requirement that you fulfil that request.

Can you be charged with drink driving if you have not provided a specimen?

If you have not provided a sample for evidence, then the police will charge you with failing to provide a specimen. The penalties for this offence are very similar to that of drink or drug driving.

What are the consequences of failing to provide a specimen?

Sentencing Council indicates the potential penalties for failing to provide a specimen when you have been driving include a fine of up to £5,000, a driving ban of at least 12 months, unpaid community work and up to six months in prison.

Can you lose your license for refusing a breathalyser?

As mentioned above, it is possible that you will lose your license as a result of refusing to take a breathalyser when requested by the police.

What are the defences for failing to provide a specimen?

Defences for failing to provide a specimen will usually centre around ‘reasonable excuses’. These would include:

Having a physical medical condition, such as asthma, which would prevent you from being able to offer a sample. This must be supported by medical evidence such as lung function tests
Having a documented mental condition or reasonable phobia (e.g. needle phobia)
Having learning difficulties rendering inability to understand the procedure

Legal defences could also include situations where the police have failed to follow the correct procedures when requesting a specimen. The police can ask for urine or blood where a breath specimen should not be taken.

Contact our criminal offence solicitors now

If you are due to attend the police station for interview, have been accused of failing to provide a specimen, or require any urgent specialist advice or immediate representation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771 our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for failure to provide a specimen

Please get in touch for a free initial consultation with one of our experts in defences against failing to provide a specimen of breath, blood or urine, as well as for immediate advice and representation.

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.

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