Driving Offences — Failing to Provide
Failing to Provide a Specimen Solicitors in Chester
Charged with failing to provide a breath, blood, or urine specimen? This offence carries the same penalties as drink driving. Our specialist solicitors build reasonable excuse defences and protect your licence.
The Offence Explained
Section 7 of the Road Traffic Act 1988 requires a driver to provide a specimen of breath, blood, or urine when required to do so by a police officer investigating a drink or drug driving offence. Failure to do so without reasonable excuse is a criminal offence.
The offence is treated as seriously as drink driving itself — and in some cases, courts impose longer bans for failing to provide than they would for the underlying drink driving offence, on the basis that the refusal was an attempt to avoid detection.
The key defence is "reasonable excuse" — a physical or mental inability to provide the specimen. This is a narrow defence that requires careful preparation and, in many cases, medical evidence.
Penalties on Conviction
- Mandatory minimum 12-month driving ban
- Up to 6 months imprisonment
- Unlimited fine
- Criminal record for 11 years on driving licence
Possible Reasonable Excuses
- Asthma or respiratory condition preventing breath test
- Genuine needle phobia preventing blood test
- Physical injury preventing specimen provision
- Mental health condition
- Failure by police to follow correct procedure
Frequently Asked Questions
What is the offence of failing to provide a specimen?
Section 7 of the Road Traffic Act 1988 makes it an offence to fail, without reasonable excuse, to provide a specimen of breath, blood, or urine when required to do so by a police officer. The offence carries the same penalties as drink driving.
What is a reasonable excuse for failing to provide a specimen?
A reasonable excuse must be a physical or mental inability to provide the specimen — not simply a refusal. Examples include a genuine medical condition (such as asthma or a needle phobia) that prevents you from providing the specimen. Mere unwillingness is not a reasonable excuse.
What are the penalties for failing to provide a specimen?
The penalties are the same as for drink driving: mandatory minimum 12-month driving ban, up to 6 months imprisonment, unlimited fine, and a criminal record. The court may impose a longer ban than for drink driving if it considers the refusal to be an attempt to avoid detection.
Can I be charged with failing to provide a specimen at the roadside?
Refusing a roadside screening breath test is a separate, lesser offence (s.6 RTA) carrying a fine and 4 penalty points. The more serious s.7 offence relates to failing to provide an evidential specimen at the police station.
What happens if I have a needle phobia and refuse a blood test?
A genuine needle phobia may constitute a reasonable excuse for refusing a blood test. However, the police should offer you an alternative (urine) if you refuse blood on medical grounds. We can advise on whether your circumstances give rise to a reasonable excuse defence.
Do you advise clients in North Wales charged with failing to provide a specimen?
Yes. We regularly advise clients across North Wales — including Wrexham, Flintshire, Deeside, Denbighshire, Conwy and Anglesey. We can advise remotely by phone or video call, or you can visit our Chester office which is easily accessible from North Wales via the A55 and A483.
What is the fixed fee for failing to provide a specimen defence?
Our fixed fee for failing to provide a specimen (s.7 RTA) Magistrates Court representation starts from £1,440 including VAT. This covers your initial consultation, review of prosecution evidence, advice on plea and likely outcome, preparation of your case, and representation at the Magistrates Court hearing. The exact fee is confirmed in writing before you instruct us.
Transparent Pricing
Fixed Fees for Failing to Provide a Specimen
We publish our fees upfront. Fixed fees are confirmed in writing before you instruct us. All fees include VAT at 20%.
| Service | Fixed Fee (inc VAT) |
|---|---|
| Failing to provide specimen (s.7 RTA) — Magistrates Court | From £1,440 |
| Reasonable excuse defence — additional medical evidence | From £300 additional |
Our Team
Speak to a Member of Our Team
Ritesh Chauhan
Consultant Road Traffic Offences Solicitor
Ritesh qualified as a solicitor in 2020 and has since built a focused practice in road traffic law. He has experience defending failing to provide specimen charges — including reasonable excuse defences and challenging the procedures followed by police. He works hard to protect your licence and achieve the best possible outcome.
Charged with Failing to Provide a Specimen?
Contact our road traffic solicitors in Chester today for a free, no-obligation consultation.
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