Failing to provide a sample

[Belinda]

My son was stopped outside our home and asked to provide a sample and he stupidly refused and was taken to the police station for the night. He had been home all evening alone and had a few bottles of lager earlier on and then stupidly jumped in the car to go for take away food only a 10 min walk away! He was followed home by an undercover car because he apparently took a corner sharply and aroused their suspicions. My son is suffering badly with anxiety and OCD at the moment and panicked and refused to give the sample. He thought if he did and was over the limit he knows he couldn't deal with a custodial sentence. Anyway, the officers obviously picked up on this and sent the doctor to check him over but he has been very stupid and has to appear in court charged with failing to provide. My main question is will this be an automatic ban for him and what kind of punishment could he get? TIA for any help or advice

 

[price1367]

There is an automatic ban for failing to supply a breath test.
the length of the ban falls into 3 categories.
12-16 months ban for failing to supply, where there is some valid reason which does not amount to a defence, and there is no evidence of particular intoxication.
17-28 months ban where it is simply a fail to supply, but deemed to be deliberate.
29-36 months ban where there is a fail to supply, coupled with evidence of serious impairment.

The first attracts a fine,
The second attracts a fine or a community penalty
The third attracts a community penalty or sometimes prison, although this is usually only after some very bad driving and / or a road traffic collision with injuries to others. (Prison is most unlikely for him from what you have described)

He will also have to pass a medical before he can drive again.

He can reduce the length of the ban by up to 25% if he is offered in court the chance to complete a Drink Drive Rehabilitation course. This has to be offered on the day in court and cannot be offered afterwards.

 

[Belinda]

There is an automatic ban for failing to supply a breath test.
the length of the ban falls into 3 categories.
12-16 months ban for failing to supply, where there is some valid reason which does not amount to a defence, and there is no evidence of particular intoxication.
17-28 months ban where it is simply a fail to supply, but deemed to be deliberate.
29-36 months ban where there is a fail to supply, coupled with evidence of serious impairment.

The first attracts a fine,
The second attracts a fine or a community penalty
The third attracts a community penalty or sometimes prison, although this is usually only after some very bad driving and / or a road traffic collision with injuries to others. (Prison is most unlikely for him from what you have described)

He will also have to pass a medical before he can drive again.

He can reduce the length of the ban by up to 25% if he is offered in court the chance to complete a Drink Drive Rehabilitation course. This has to be offered on the day in court and cannot be offered afterwards.

Thank you so much for you reply. That makes things very clear. He's been a very silly lad and will have to deal with the consequences. Thanks again

 

[craig121]

Thank you so much for you reply. That makes things very clear. He's been a very silly lad and will have to deal with the consequences. Thanks again

He will have a long journey ahead! If he already suffers anxiety book Doc app ask for propanalol(non addictive) and 1-2 weeks sleeping pills #
Its a very difficult time for him /Will help both of you.

 

[Belinda]

Thanks Craig. Yes I'm afraid you're right we have a long journey ahead. We have a docs appt next week so hopefully he will get the help he needs. He hasn't slept properly for ages so the sleeping pills may be a good idea. He just needs to face up to the fact that he needs help! Thanks again