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Failing to Produce a Sample

refusing a drink drive sample

The court always treat this seriously, the principle is that a defendant who is clearly drunk should not be able to reduce the sentence by simply refusing to provide a specimen.

The court have no discretion as to whether to disqualify you if you are guilty of failing to provide a specimen.The length of the ban depends on the circumstances. The guidelines suggest a ban for 18 months. This will be increased if the curt hears evidence that suggests you were clearly drunk. The length of the ban can however be reduced with good mitigation.If you have good reason for not providing a specimen then that can be a defence. Good reasons generally mean that you are physically or mentally unable to provide a specimen.

Things such as having difficulty breathing fear of needles in relation to blood samples are the more obvious examples, however it can include such things aas anxiety and stress.

Normally these reasons have to be supported by medical evidence.

If you think you may have a reasonable excuse see our defences page or call us on 0800 1399 999 for free advice and assessment.

If you are pleading guilty we can still help by presenting your case in the best possible light to ensure that you get the shortest ban possible.

For advice or representation, 24/7 call 0800 1933 999