Failing To Provide a Specimen

What if I refuse to carry out the preliminary impairment test and refuse to provide a blood or urine sample for analysis?

A person commits a criminal offence if he fails to co-operate with a preliminary impairment test under Section 7(6) Road Traffic Act 1988 - Failing to provide a specimen of blood, urine or breath for analysis.. The offence carries four penalty points or a discretionary ban and a financial penalty.

It is also a criminal offence to fail without reasonable excuse to provide a blood or urine sample.

This offence carries a mandatory minimum disqualification from driving of 12 months (in cases of driving or attempting to drive) unless special reasons exist. This offence can also carry up to 6 months imprisonment.

Accordingly in the event of a suspect refusing to carry out the preliminary impairment test (also known as the Rhomberg or sobriety test) the police will endeavour to have a medical practitioner confirm that the suspect has a condition that might be due to a drug. Thereby allowing the police to make a request for blood. As in the event that the suspect also fails to provide blood the sentence is greater than that for failing to co-operate with the preliminary impairment test.

If you are charged with an offence of refusing to carry out a preliminary impairment test or refusing to provide a specimen it is essential that you seek advice and assistance from one of our Motoring Law Specialists. It is extremely important to consider the legality of the request. That is, whether the police had the power to make the request. If they didn't your refusal can be argued in admissible resulting in the case collapsing.

For further advice you can speak to our specialist solicitor today for a free consultation on 0333 011 0515. Our services are available throughout the North West including Liverpool, Wirral, Merseyside and St Helens.