Road traffic
Fail to provide specimen for analysis (drive / attempt to drive)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine and/or 6 months' custody; obligatory disqualification
Actus reus
- Without reasonable excuse, fail to provide a specimen of breath, blood or urine for a laboratory test when required under s.7 in the course of an investigation into whether driving/attempting to drive offences were committed.
Mens rea
- The requirement and failure are factual; "reasonable excuse" (e.g. medical inability) is the usual battleground rather than a classic mens rea denial.
Defences
Reasonable excuse (medical / genuine inability) · Requirement not lawfully made · Not the driver under investigation · Procedural defects in the requirement
Sentencing Council
Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: Band B fine to 26 weeks' custody. Treated similarly seriously to excess alcohol.
At the police station
Medical evidence for asthma, panic, or needle phobia must be specific. Check custody record and MGDD printouts for how the requirement was explained.
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.
- Statute:Road Traffic Act 1988, s.7(6) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗