If you’ve ever been arrested on suspicion of drink or drug driving and asked to provide a blood or urine sample, there’s a vital legal safeguard you might not even know about: your right to request and receive your own specimen for independent analysis.
It’s a small detail, but one that can make or break a prosecution.
Under section 15(5) of the Road Traffic Offenders’ Act 1988, the law sets out a mandatory right for the accused as follows:
(5) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—
(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided, and
(b) the other part was supplied to the accused.
(5A) Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—
(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
In simpler terms, the evidence of your alcohol or drug measurement in blood or urine cannot be used against you if you requested your own sample at the time of giving it, and this was not provided to you.
The law contains this clear right as it is recognised that if you’re facing prosecution based on a single lab report, you should have the chance to independently verify the analysis. Without this right being met, your ability to challenge the evidence is seriously compromised.
We’ve dealt with numerous cases where this exact issue became the central battleground in court.
Case study example:
- A client was arrested and gives a blood sample in hospital after a road traffic accident.
- She asked for her own sample and was told it was being refrigerated and she could collect it later.
- Two days later, she attended the station… only to be told it’s been destroyed.
- Without her own sample, she had no way to dispute the accuracy of the test.
The court found our client NOT GUILTY on this basis alone.
Other Reported Cases
Courts have consistently held that if the statutory process isn’t followed to the letter, the prosecution may not be able to rely on the lab results at all. There are several leading cases on this point:
In Dear v DPP, the High Court ruled that unless the accused is actually given their own part of the sample, the prosecution evidence is inadmissible.
Similarly, in the case of Sharp, the Court of Appeal made clear that the specimen doesn’t have to be handed over on the spot, but it must be supplied within a reasonable time, and in a condition that allows independent testing.
What counts as a reasonable time will depend on the context but if a defendant is in shock, injured, or simply unable to take their sample home, the onus is still on the police to ensure their rights are preserved.
What If I Didn’t Get My Sample?
If you asked for your own sample and didn’t receive it, or if you were misled about its availability or suitability, that may give rise to a legal defence. We’ve successfully argued for charges to be thrown out on this very basis.
Even where the sample was technically offered, cases like Perry v McGovern and DPP v Snook show that any confusion, poor handling, or misleading information from police can render the whole process unfair and ultimately lead to acquittals.
Your Rights Matter — So Does Your Defence
Too often, people accused of drink or drug driving assume the test result is the end of the story. At Geoffrey Miller Solicitors, we know that the legal details matter. From the way samples are handled to whether your rights were respected, we scrutinise every step.
If you’re facing prosecution, don’t assume the evidence is watertight — we’ve built our reputation on showing that it often isn’t.
Facing a charge of excess alcohol or drug driving?Let’s talk.
The sooner we’re involved, the sooner we can safeguard your rights
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