Failure to provide a specimen for analysis
At Geoffrey Miller Solicitors we win the majority of the driving offence cases we that defend. When you need an expert Solicitor to help you with a Failure to Provide a Specimen Offence call our Solicitors on Freephone 0800 085 2784.
Even if you are tee total and never drink alcohol, without expert legal representation you could be convicted of the drink driving related offence of failing to provide a specimen to the police.
If you fail a roadside breath test or you are simply unable to provide a complete sample, you will be taken for further testing at the police station or at hospital and required to cooperate in providing a further breath test or urine sample or blood sample. It is the sample taken at the police station that would be used as evidence against you in court and is called the "evidential" sample.
If you fail to provide an "evidential sample", whether you were over the alcohol limit or not, you can be prosecuted for failing to provide a specimen to the police and convicted of this serious offence unless the court finds that you had a 'reasonable excuse' for your failure to provide a specimen.
Geoffrey Miller Solicitors have extensive knowledge of the detailed technical laws related to failing to provide and drink driving offences and can advise you of whether a 'reasonable excuse' may arise in your case.
It is also necessary that any person prosecuted for this offence was given an appropriate warning about the possibility of prosecution prior to the sample being required.
If you are facing prosecution for failure to provide a specimen, Geoffrey Miller Solicitors are the UK's most well respected driving offence solicitors with particular expertise in alcohol related offences. See our profile on the legallybetter motoring lawyers comparison website
You may have mistakenly assumed that your only option is to plead guilty to a failure to provide a specimen charge. If this is you, please get in touch so that a specialist motoring defence solicitor can guide you through your various options free of charge.
This is probably the first time you have ever been in trouble with the law and we know how distressing that feels for you. Please call our understanding team of expert drink driving Solicitors Freephone 0800 085 2784 as soon as possible. We will listen, advise and console you but we will also give you our honest no nonsense straight talking legal advice.
Below are some more details of the options that our drink driving expert solicitors can offer to you. There's a lot to read on this page so if you would rather just pick up the phone and talk things through, then please call us on freephone 0800 085 2784 or contact us by email. You can discuss your options free of charge with an expert drink driving lawyer on the Geoffrey Miller team. Our phones are manned throughout the day and night by real lawyers (not in a call centre) all of whom are experts in the field of motoring law with specific emphasis on drink driving cases.
Pleading Guilty to a Failure to Provide a Specimen Offence
If you have already decided that you wish to plead guilty then Geoffrey Miller Solicitors offer a cost effective fixed fee "damage limitation" service for pleading guilty to failure to provide a specimen cases.
Before you make this potentially life changing decision, you should know that the penalties for failure to provide a specimen offences can be far reaching. Please take a look at our penalty calculator for more specific details of the penalty you could be facing for a failure to provide a specimen conviction. The penalty could be partially based on the level of your incomplete breath reading along with other factors and in particular whether you have a previous conviction for an excess alcohol offence within the last 10 years.
Whilst many people understand that the minimum penalty for failure to provide a specimen is a 12 month ban (or 3 years ban for a repeat drink driving offender) many drivers do not realise how a failure to provide a specimen conviction can also mean:
- The loss of your job
- A massive increase in insurance premiums when you are able to drive again (see our money saving calculator)
- The possibility of undergoing medical examinations before you can drive again
- Attendance on a drink driver's rehabilitation course
- A possible prison sentence, although this is reserved for repeat drink driving offenders or those who have been found to be several times over the drink driving limit
- Visa restrictions particularly in terms of entry to the USA and Australia
- A criminal record with the conviction for failure to provide a specimen remaining on your driving license for 11 years. If you are a professional (doctor/accountant/solicitor) you will most likely have to report the conviction to your regulatory body.
- Pleading guilty is not your only option so please keep reading the other details on this page or better still, call freephone 0800 085 2784 to discuss your options free of charge with an expert drink driving Solicitor at Geoffrey Miller Solicitors. Our phones are manned 24 hours real lawyers (not in a call centre) all of whom are experts in the field of motoring law.
Pleading Not Guilty to a failure to provide a specimen offence
Much of the crucial police evidence in your failure to provide a specimen case could be destroyed fairly soon after your original arrest if a specific request for it to be preserved is not made immediately. If you know that you wish to challenge the failing to provide a specimen prosecution, it is essential that you contact a Solicitor at Geoffrey Miller Solicitors at the earliest opportunity, preferably well in advance of your first court hearing.
Our Solicitors will want to set to work straight away on preparing your defence. This may involve contacting witnesses, viewing CCTV, requesting inspection facilities of the machine that you gave your reading on (many of which are horrifically unreliable) instructing drink driving toxicologist experts; forensic medical examiners….the list goes on. We won't know exactly what work (and cost) is going to be involved in your case until you make contact with us so please call us now on freephone 0800 085 2784. Our team of specialist drink driving lawyers will be glad to discuss your options free of charge. Our phones are manned throughout the day and night by real lawyers (not in a call centre) all of whom are experts in the field of driving offences.
If you defend a failure to provide a specimen prosecution you will be allowed to continue to drive and your licence would only be affected by a ban if you are convicted. At Geoffrey Miller Solicitors our statistics show that the chances of you avoiding a ban are extremely high as we win majority of the failure to provide a specimen cases we defend.
Not Sure What to Do?
If you have spoken to other solicitors before us, you may have been advised that there is nothing that can be done to help you with your drink driving offence. This advice is often given because the solicitor who dispensed the advice is not a true expert in failure to provide a specimen law and in their limited knowledge of drink driving cases, there is nothing that can be done. If your GP told you that you had a brain tumour and there was nothing to be done to help you would you leave to at that? Of course not! You would most likely seek a second opinion from a brain surgeon.
Geoffrey Miller Solicitors are the brain surgeons of drink driving law in the UK! Call us now to see how we can save you from the extreme hardship a failure to provide a specimen conviction can cause.
Most people who get in touch with us are uncertain of their options. They are unaware of any defences that may be available and find it difficult to believe that it might be possible to defend the failure to provide a specimen charge. You may find the possibility of having to plead guilty inconceivable because you simply don't know how you will manage without your driving licence. You may find it equally difficult to grasp the possibility of defending the failure to provide a specimen charge.
In the majority of cases we are unable to tell you if you have a case worth defending until we can look into the specifics of your case in more depth. We offer a priority investigative option to all clients facing drink driving related offences which means that if you are unsure if you have a defence or if you have been told by another solicitor that you have no defence but we think otherwise, our team of drink driving lawyers will consider the evidence in your case and take a full statement from you. They will then provide you with their opinion and the merits in defending the case or pleading guilty. As we can conduct this option for a relatively low fixed fee it means that you are not committed to spending significant fees in order to establish if there is any way of defending the offence. Take a look at our case study and testimonial of a client who transferred to Geoffrey Miller Solicitors after becoming unhappy with his supposed expert drink driving solicitors.
If you would prefer to call us rather than trawl through the pages on our website, we are always more than happy to chat things through with potential clients FREE OF CHARGE. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting punishment unnecessarily.
Punishment for Failing to Provide A Specimen
The most serious offence carries 6 months imprisonment, compulsory minimum ban of 12 months or 36 months if previous offence up to 10 years before, and a fine of up to £5000. To deter people with high readings refusing to provide a specimen, guidance suggests that penalties for this offence should start at a ban of 24 months rather than the statutory minimum.
Failing to provide a roadside breath test is a discretionary ban or 4 points, and a fine of up to
Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the fail to provide a specimen offence by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 085 2784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.
If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.
We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ref me” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.