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Fail to provide specimen for analysis (in charge)

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Fail to provide specimen for analysis (in charge)

Road Traffic Act 1988, s.7(6)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 4 fine and/ or 3 months

Actus reus

  • Without reasonable excuse, fail to provide a specimen when required under RTA 1988, s.7, in an investigation of an in-charge offence (s.7(6) — same offence wording as the drive investigation).

Mens rea

  • Failure without reasonable excuse after a valid s.7 requirement.

Defences

Reasonable excuse · Requirement not validly made · Specimen was provided

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band B fine - 6 weeks’ custody.

View definitive guideline ↗

At the police station

The in-charge context affects the underlying suspected offence, not the wording of s.7(6). Read the MGDD warnings.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.