Failing to Provide Evidence

Failing to provide a specimen of breath

In order to secure a conviction against you for this offence, the police or the crown prosecution service, will need to prove that you unreasonably refused to provide a specimen of breath where you were asked to do so by a police officer. Not all criminal defence solicitors will appreciate the possible defences available and how to go about adducing expert evidence to defeat such a charge.


What amounts to “unreasonable” or more specifically what amounts to a reasonable excuse for the purposes of failing to provide a specimen of breath, blood or urine, will be a matter of fact and degree. There are a plethora of reasonable excuses for these purposes which, if presented properly and compellingly will assist in defeating a charge of this nature.


As specialist drink drive solicitors, we can look at the reasons why you did not provide a specimen and advise you accordingly.


A reasonable excuse which can form the basis of a successful defence will usually involve some medical reason why a person cannot provide a specimen, these can include:

  • Asthma or other conditions preventing or causing difficulty in breathing

  • chest infections, which have caused difficulty in breathing

  • religious reasons for not providing blood

  • medical condition preventing urination

  • Mental disability

  • A phobia of needles, rendering it impossible to provide blood

  • Other relevant medical conditions

Contact us today to see how specialist drink drive solicitors can assist you.


157a High Street
London E17 7BX

020 8520 6600

©SJ Law 2016 - Authorised & Regulated by the Solicitors Regulation Authority 305136