One of the most dangerous assumptions after a drink-driving arrest is:
“They never got a reading, so how can they prove I was over the limit?”
They may not have to.
If the police require you to provide an evidential specimen of breath, blood or urine and you fail to provide it without reasonable excuse, that failure can itself amount to a criminal offence.
For somebody who needs their licence, the consequences are serious.
The prosecution does not need an alcohol reading
A failure-to-provide case is different from an ordinary drink-driving prosecution.
With drink driving, the Crown may rely on an evidential reading showing that the driver exceeded the prescribed limit.
With failure to provide, the allegation is the failure itself.
Where the specimen was required following driving or attempting to drive, conviction can mean up to six months in prison, an unlimited fine and a driving ban of at least 12 months.[2]
So “there is no breath reading” is not, by itself, an answer to the charge.
But “failure” does not automatically mean “guilty”
The words “without reasonable excuse” are part of the offence.
That is where the circumstances become important.
Official guidance recognises that a genuine physical or mental condition may prevent somebody from providing a breath sample.[3]
That does not mean simply saying “I couldn’t do it” will defeat the charge.
The detail matters.
Was the requirement properly made? Were you warned about the consequences of failing to provide? What attempts were made? Was there a genuine medical or other reason preventing compliance? Is there evidence supporting that explanation?
Those are exactly the kinds of issues our lawyers examine when defending a failure-to-provide allegation.
Road Traffic Defence specialises in motoring prosecutions. A failure-to-provide charge is not something we treat as an automatic conviction simply because no specimen was obtained.
The consequences can continue after the ban
There can also be a longer-term licensing problem.
DVLA treats a driver convicted after refusing or failing to supply a specimen for alcohol analysis as a high-risk offender. Before a new licence is issued following disqualification, the driver may have to satisfy DVLA through a medical examination that they are fit to drive again.[4]
For a professional driver, tradesperson, business owner or anyone else whose livelihood depends on driving, that can make the consequences significantly wider than the court appearance itself.
If you have been charged with failing to provide a specimen, do not assume that the absence of an alcohol reading means there is no case.
Equally, do not assume that being charged means the result is already decided.
Book an initial appointment with Road Traffic Defence or call 0800 11 12 13.
