Refusing Breath Test

Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better.
Do not be tempted to forget about it and hope it will go away, It Won't!!!

REFUSING TO TAKE A BREATHTEST
A person commits an offence if they fail to provide a specimen of breath, blood or urine without reasonable excuse after (having driven) or attempted to drive.
Road Traffic Act 1988 s7 (6)

This offence usually relates to the motorist who has provided a positive preliminary test (roadside breathtest) and has been taken back to the police station to provide a further specimen for evidential purposes and fails to do so.

It should be noted that merely blowing into the machine does not in itself constitute providing a breath specimen for analysis. This will not be done by a person unless sufficient breath is provided for the analysis to be carried out. An ineffectual weak blowing into the machine may be regarded as failing to provide a specimen by the police.

There are however circumstances when a person can successfully argue that the police did not carry out correct procedures or in all the circumstances the failure to provide a specimen for analysis was with reasonable excuse. If charged with this you will need the assistance of a specialist drink driving lawyer.

PENALTY
The maximum penalty for refusing to provide a specimen for analysis is a fine of up to £5000 and/or up to 6months imprisonment. There is a mandatory driving ban of at least 12 months, although if the courts believe you failed to provide a specimen because you were trying to avoid a ban for drink driving, this could be longer.

Clearly if you face a prosecution for this offence you need expert guidance and assistance and should contact us now.

Please contact us on 0800 032 5930 or email us at

for more information on our Refusing Breath Test service.

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Careless Driving

The careless driving offence actually has a very wide definition. The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access. As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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