Charged with failure to provide a specimen of breath

[annak]

Hello. Driven a vehicle after consuming alcohol, caused the road incident where drove into the barrier. Only hurt myself a little. Provided breath sample on the road but couldn't provide an evidential sample, however, didn't refuse and attempted to do so, but didn't blow enough because of shock and panic. Didn't speak in the interview either.
Charged with 'suspected of having driven a vehicle and having been required to provide a specimen of breath for analysis in the course of an investigation into whether you had committed an offence under section 3A, 4, 5 or 5A, failed without reasonable excuse to do so'.
I'm planning to go to the hearing with the duty solicitor and plead guilty. But I'm extremely worried because of section 3a being on my charge when I actually didn't hurt anyone..
Can you please comment on what could potential consequences of this. Thank you.

 

[Martin Hammond]

Good afternoon,

Fail to provide is very difficult to predict an outcome upon because they do not know what you drank as they have no reading. Therefore the sentencing can be a little unpredictable.

If there is no proof of driver you could try and get the charge down to 'drunk in charge, failure to provide' which would carry a lesser sentence, but to be honest it is unlikely that the duty solicitor will take time to do that work. Without that I would guess that you are looking at community punishment and a ban of up to 28 months.

Kind regards
Martin.

 

[annak]

Thank you for your reply. Also do you know why section 3a is on the charge? Or is it just a general list of possibilities?

 

[Martin Hammond]

It is if someone had died but wont apply in your case.