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DR70 Failure to co-operate with preliminary Roadside Breath Test

DVLA Endorsement Code: DR70

A preliminary road side breath test is used as a screening test to determine whether or not a person is likely to be over the maximum prescribed legal alcohol limit.

Any person who refuses, without reasonable excuse, to co-operate with a preliminary roadside breath alcohol screening test is guilty of an offence under s.6 of the Road Traffic Act 1988.


Fail to provide roadside breath test penalties

The penalty for failing to co-operate with a preliminary (roadside) breath test is a fine and penalty points.

  • Maximum Fine: £1000 (Level 3 Fine)
  • Minimum Fine: Band B Fine (100% of relevant weekly income)
  • Penalty Points: 4 (remains on licence for 4 years)

Magistrates have the discretion to impose a driving disqualification for this offence. The length of disqualification will be for them to decide.

Endorsement and penalty points for this offence will remain on a driving licence for 4 years from the date of the offence or for 4 years from the date of conviction if a disqualification is imposed.

Magistrates Court Guide

Step by step guide to appearing at magistrates court for drink driving offences.

Drink Driving Legal Advice

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