The police will not usually take a specimen of blood or urine where the breath specimens have not been provided properly. The police's instructions should have been clear as to what was required to provide a satisfactory specimen of breath, however if they weren't then you may have a possible defence. However if the police were clear and accurate in their instructions it will be very difficult to argue that you had a reasonable excuse for not providing a specimen.
Because there is no breathalyser reading, the severity of the sentence will be based upon your reason for not providing the specimen, and how impaired you appeared to be at the time. If you gave a roadside breath reading then this can be used as evidence as to your level of impairment, therefore if you are aware of this I may be able to advise you in more detail about the likely sentence.
As it stands the sentence will largely depend upon what the police are saying. If the Court accept that you had an honestly held but unreasonable excuse for not providing the specimen then you would fall into the lowest bracket of a 12-16 month disqualification and a fine. If the police allege that you were deliberately not providing the specimen and there was no breath flow on the machine then you would fall into the second bracket of a 17-28 month disqualification and a fine/community order. And if the police allege that you were seriously impaired and deliberately failed you will fall into the highest bracket of 29-36 month disqualification and a community order/custodial sentence.
