Failing to provide comprises two offences: failing to provide breath at the roadside; and failing to provide an evidential sample, which can be breath, blood, or urine.
The roadside test is purely a screening check to confirm or refute a police officer's suspicion that a person may be over the limit. The result of the test cannot be used to prove a drink driving offence; but, failing to provide is still a criminal offence.
Failing to provide an evidential sample is a serious criminal offence and is treated more seriously that drink driving itself - the point obviously being to persuade people to comply with the test regime.
There are many potential points that a defendant can take at trial to persuade the court to acquit. The main areas of attack are: errors by the police; errors by a forensic scientist; a lack of power to take the sample in the first place; and, medical excuses for the failure to provide.
Winning your trial
The key to winning any trial is thorough preparation. Your solicitor should begin by analysing the evidence against you - identifying weak points in the prosecution case and obtaining further evidence to show why those weak points make a conviction impossible. Such evidence could be expert analysis of the prosecution expert's work, or video evidence from the police custody suite, etc.
Your solicitor should also discuss with you what happened and identifying defence points, e.g. a failed blood test could indicate you were unable to provide urine due to dehydration.
Whatever defence is identified, your solicitor should be working with you and appropriate experts to build a solid evidential wall which will support your defence and persuade the court to acquit you at the end of your trial.
Sentences
The sentence will depend on the offence.
Failing to provide at the roadside is the less serious of the two offences and conviction will result in a fine and up to 4 penalty points.
Conviction for failing to provide a specimen for analysis as the vehicle driver can result in a prison sentence if the court feels that you were seriously impaired by drink or drugs. In all cases, the court will be obliged to disqualify you from driving for at least one-year unless you can persuade the court that there are special reasons not to ban you.
Your solicitor can reduce your sentence through mitigation aimed at explaining your failure to provide and giving the court information about you, e.g. about your usual responsible behaviour, your family, charitable work, etc.
If you have been accused of failing to provide a specimen of breath, blood, or urine then give youself the best chance of acquittal by calling us today on 01869 866 490 or send us a message via our contact page.