Drink driving: Am I guilty of a criminal offence if I fail to provide a sample of my breath?

If you’re driving whilst over the alcohol limit, then you are guilty of a criminal offence. If you are suspected of drink driving by the Police, it is likely that a Police Officer will ask you to provide a breath sample at the roadside, in order to test your alcohol level. Should the test indicate that you are above the alcohol limit, then you will be taken to the Police Station and will be asked to provide further samples.
The further samples may be samples of breath, blood or urine. Usually, you will be asked to provide further specimens of breath, but in certain circumstances, specimens of blood or urine are required. Failing to provide a sample could mean that you are guilty of a criminal offence and you may need the help of Emery Johnson Astills’ expert Crime Team. It is worth noting that there is a defence available if you fail to provide a specimen and that defence is that you have a reasonable excuse.
Should you find yourself charged with an offence of failing to provide a specimen Emery Johnson Astills’ will be able to discuss with you whether or not you have a defence. If you are convicted of the offence, you will be disqualified from driving and may also receive a fine, a community order or in serious cases, you could even be sent to prison. At Emery Johnson Astills’ we can mitigate on your behalf to get you the best possible outcome at sentence.
If you have failed to provide a sample to the Police, contact a member of the Crime Team at Emery Johnson Astills solicitors in Leicester, who would be more than happy to assist you. Please do not hesitate to contact us on 0116 2554855.