Are You Required By Law To Give A Specimen Of Breath When Stopped By The Police And Asked To Do So?

There may be many reasons why you are stopped by the police and asked to produce a specimen of breath. These reasons could include the fact that you have been involved in an road traffic accident, you have been speeding, you have been involved in a hit and run accident, you have been driving in an unsafe manner giving the police cause for concern or you have driven through a red light. All of these occurrences will obviously give the police cause for concern and they have the right to pull you over for questioning. However, what happens if the police request a specimen of breath from you and you refuse to give one? This article seeks to answer this question and looks at the penalties, if any, of failing to provide a specimen of breath when requested to do so.

As soon as you refuse to comply with a request to provide a specimen of breath, either at the road side or later on at the police station, you are committing a criminal offence. Whether or not you are charged with the offence of failing to provide a specimen of breath depends on your reason for refusing to do so. You must be able to prove that you had a ‘reasonable excuse’ for refusing the police’s request and this must, ultimately, be a reason based on a physical or psychological medical reason. For example, if you suffer from a respiratory condition and can subsequently prove that blowing into the breathaliser equipment would have exacerbated your condition you may escape prosectution.

If you fail to provide evidence that you had a reasonable excuse for refusing to provide a specimen, you will be prosecuted. If you failed to give a specimen at the roadside you will face receiving 4 penalty points on your licence and/or a discretionary disqualification. However, if you committed the offence at the police station you will receive a fine and a disqualification from driving for a minimum of 12 months (if you have been convicted of an alcohol related offence within the 10 years preceding this offence you will receive a minimum disqualification of 3 years).

If you are facing the prospect of prosectution following a specimen breath test offence you should contact an expert, motoring offence lawyer as soon as possible for advice and guidance.

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