Failing to provide specimen for analysis

[Isabella777]

I have been charged with failing to provide a specimen for analysis after being arrested after having an accident. I did not refuse the test but was unable to provide. I have been convicted for drink driving before within the last 10 years. Are you able to advise me what you think the outcome will be and any other advice you can give me.

Isabella777

 

[SeanJoyceStephensons]

Isabella
There is a defence to failing provide of "reasonable excuse". A physical inability to provide a specimen (of breath, blood or urine) due to a temporary or long-term medical condition is capable in law of amounting to a reasonable excuse for failing to provide and, therefore, a defence. The merits of any such defence will depend on the facts, evidence and any expert evidence that you are able to rely on to substantiate your reasons for being unable to provide. You should take more specific and detailed legal advice from a drink driving solicitor before going any further. If you would like to have a chat with one of our experts then call our national drink driving helpline on 0333 323 3733.

If you are convicted of Failing to Provide a Specimen within 10 years of having been convicted of a drink driving offence, then the previous conviction will be brought to the attention of the court when you are sentenced, can be treated as a an aggravating factor and means that the minimum period of disqualification will be 3 years, instead of the usual 12 months. It also means that you will be categorised as a High Risk Offender. This means that a DVLA approved medical practitioner must confirm that you are free from alcohol or drug dependency and fit to drive before the DVLA will return your driving licence. Even after the expiration of any court-imposed disqualification you will be unable to drive until this approval is provided to the DVLA. This process usually involves a medical examination and an analysis of blood test.