Failing To Provide A Specimen

If you fail to provide a specimen to the police, without a reasonable excuse, you’re committing a criminal offence.

You could be acquitted if the police failed to follow procedure. They must have warned you that you could be prosecuted if you fail to provide a sample, without a reasonable excuse. We can challenge the charge against you if the police didn’t warn you.

Our team have decades of experience in representing people who’ve been charged with failing to give a specimen. We can advise you and work on getting the best result possible whichever way you choose to plead.

Being pulled over, arrested, or asked to give a sample can feel like a huge loss of control.

Sometimes people think they can refuse to give a sample, but refusing is a criminal offence in itself – unless you have a ‘reasonable excuse’ and can prove this in court.

If a police officer suspects you of drink or drug driving, you must give them a breath, blood, or urine sample.

But the police also have a duty to warn you that failing to provide a specimen can lead to you being charged and potentially convicted. If they don’t warn you about this, you can’t be found guilty of failing to provide a specimen (although a drink or drug driving charge may still stand).