Road traffic offences—failing to provide a specimen
Produced in partnership with Red Lion Chambers

The following Corporate Crime practice note produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:

  • Road traffic offences—failing to provide a specimen
  • Failing to provide a specimen
  • Failing to give permission for a laboratory test
  • Elements of the failing to provide a specimen offence
  • Required
  • Provide for analysis
  • Specimen—blood, breath or urine?
  • Fails to provide
  • Driven or attempted to drive
  • Defences
  • More...

Road traffic offences—failing to provide a specimen

Failing to provide a specimen

It is an offence if, having been required to provide a specimen of breath, blood or urine for analysis, a person fails to do so, without reasonable excuse (after having/not having driven or attempted to drive).

For detailed guidance on the requirement to provide a specimen, see Practice Note: Evidential specimens in road traffic cases.

Failing to give permission for a laboratory test

There is a separate offence which can be committed where a person provides a sample of blood but fails, without reasonable excuse, to give permission for a laboratory test of that specimen of blood. They would be guilty of an offence under section 7(A) of the Road Traffic Act 1988 (RTA 1988).

Elements of the failing to provide a specimen offence

Required

A constable can require a defendant to provide a specimen of breath, blood or urine in the course of an investigation into whether the defendant has committed a drinks or drugs based offence under RTA 1988, ss 3A, 4 or 5, that is:

  1. causing death by careless driving when under influence of drink or drugs

  2. driving, or being in charge, when under influence of drink or drugs, or

  3. driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit

It is not necessary for an officer to have reasonable cause to suspect

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