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A Quick Guide on Failing to Provide a Specimen for Analysis

Articles, Driving Offence - Quick Guides, Driving Offence Advice

In this “Quick Guide” we will take you through the law, the penalties and the defence for the offence of Failing to Provide a Specimen for Analysis in England & Wales.

The offence of Failing to Provide a Specimen for Analysis is contained within Section 7(6) Road Traffic Act 1988. A person who, without reasonable excuse, fails to provide a specimen when required to do so is guilty of this offence.

What are the penalties for Failing to Provide A Specimen?

  • A Driving Ban between 12 and 36 months
  • If you have a previous conviction of Drink Driving or Failing to Provide a Specimen within the last 10 years, the Court will impose a disqualification between 36 and 60 months
  • A Prison Sentence of up to 6 months
  • A fine of an unlimited amount
  • A Community Order

Sentencing Guidelines for Failing to Provide A Specimen

Level of Seriousness
Category 1
Category 2
Category 3
Starting Point
12 weeks’ custody
Medium level community order
Band C fine
Range
High level community order – 26 weeks’ custody
Low level community order – High level community order
Band B fine – Low level community order
Disqualification
29 – 36 months (Extend if imposing immediate custody)
17 – 28 months
12 – 16 months
Disqual. 2nd offence in 10 years
36 – 60 months (Extend if imposing immediate custody)
36 – 52 months
36 – 40 months

Note: When considering the guidance regarding the length of disqualification in the case of a second offence, the period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence but disqualification must be for at least three years.

When will I require legal representation?

As failing to provide a specimen is a serious motoring offence, a person charged with this offence would always benefit from expert legal advice and representation, especially as the Court can impose a lengthy driving ban and a prison sentence.

Expert legal advice will firstly establish the correct route the case should take (guilty or not guilty) and qualified representation at Court will enhance the chances of attaining a favourable outcome at Court.

Things our solicitors look out for in Failing to Provide A Specimen cases

  • Errors in the Prosecution Evidence
  • Whether the correct procedures were followed by the Police
  • Weaknesses in the Prosecution case
  • Whether you were provided with an adequate opportunity to provide a specimen
  • Whether you have a ‘Reasonable Excuse’ for not providing
  • Whether you have a viable defence
  • Whether there is a right risk of receiving a prison sentence

Do you require a solicitor for Failing to Provide a Specimen for Analysis?

If you have just read our quick guide to Failing to Provide a Specimen for Analysis then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.

Failing to Provide a Specimen for Analysis in England and Wales

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Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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