Mr ben johnson

[benpfc]

Refused to provide a breath sample

Hi I have recently been caught drink driving, and at the time refused to give breath test and again at the police station as I knew I was over the limit, am looking at my optons to what I can do to limit my sentance, this is my first drink driving offence , no other person was in the vehicle and I wasn't speeding.. Please help thankyou ben

 

[SeanJoyceStephensons]

It is more difficult to advise regarding sentence for failing to provide a specimen as the sentence is based on more subjective tests. At the very least you will fall into the middle bracket of a deliberate refusal to provide a specimen of breath. This advises a 17-28 month disqualification and a Band C fine, or a community order.

However, if the prosecution can show that there was evidence of serious impairment at the time of the offence then you will be facing a 29-36 month disqualification and a community order or custodial sentence. If you had not consumed a large amount of alcohol this should not be an issue, however the only way to know what the prosecution are alleging is to view the statements of the arresting officers, and unfortunately these are very rarely made available prior to the first hearing.

If you are looking for legal representation you are welcome to contact my team on 0333 999 7158.