The Offence:
It is an offence for a person who, upon request by a police officer in the course of an investigation into whether the person has committed a drink driving offence, fails to provide a specimen for analysis without reasonable excuse.
The Penalty:
The penalty is dependent upon a number of factors including a person's guilty plea and previous driving record. The current Magistrates Guidelines (August 2008) suggest that a refusal which was "honestly held but unreasonable" will result in a financial penalty whereas a "deliberate refusal where there is evidence of serious impairment" should result (following conviction) in a prison sentence
As with drink driving cases, the disqualification from driving is mandatory and is for at least 12 months. In the more serious cases this is often higher and if a person has, in the preceeding ten years from the date of the offence been convicted of another drink related driving offence, the minimum period of disqualification is three years.
Where we can help:
This is a difficult offence to challenge and we would always advise clients to provide a specimen even where the client considers the request unreasonable. Delaying your decision to speak with a solicitor at the police station can also amount, in most cases, to a "failure". In cases where a person has been charged with this offence, we assist in determining whether a reasonable excuse exists ( usually a medical excuse); It is also important to determine whether there is in fact evidence of driving as in very limited circumstances a "Special Reason" may be found for not disqualifying.
Case Study 1:
Mr B was prosecuted for failing to provide a specimen of blood. He had refused on the grounds that he had a fear of needles, a reason that the police did not consider reasonable. Our solicitor was able to argue, with the assistance of psychiatric evidence given at his trial, that not only was "needle phobia" a medical reason, but one which amounted to a reasonable excuse. Mr B was acquitted.
Case Study 2:
Mr N was prosecuted for failing to provide a specimen, having refused to provide a specimen upon request. At his trial, no evidence was called about him actually having driven, and whilst the suspicion of the police was aroused so that the request for a specimen was validly sought, our solicitor argued that a "Special Reason" existed for not disqualifying. Mr N saved his driving licence.
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