Failing to Provide a Specimen for Analysis
(Drive / Attempt to Drive) - DR30, DR31
During an investigation into whether or not a person has committed a drink driving related offence, the police can require a person to either provide two specimens of breath for analysis or provide a specimen of blood or urine for a laboratory test.
A person who has been required to provide a specimen for analysis and fails to do so, without reasonable excuse, is guilty of an offence.
A person fails to provide a breath specimen if they do not provide sufficient breath for the analysis to be satisfactorily carried out, fails to allow a blood sample to be taken or fails to provide the required urine sample.
Driving or attempting to drive then failing to provide a specimen for analysis
DVLA Endorsement Code: DR30 (remains on licence for 11 years from date of conviction)
Under Section 7 of the Road Traffic Act 1988 it is a criminal offence to fail to provide a specimen for analysis, without reasonable excuse, when required to do so after driving / attempting to drive.
Anyone convicted of this offence will be classed as a high risk offender. High risk offenders are required to take and pass a DVLA medical before a driving licence will be issued to them upon expiration of their driving disqualification.
What are the penalties for failing to provide a specimen for analysis?
The penalty imposed upon conviction of failing to provide a specimen for analysis while driving or attempting to drive will depend upon the circumstances surrounding the offence.
The court will determine the offenders culpability and the harm caused as well as any aggravating and/or mitigating factors before passing sentence.
What is the minimum penalty for failing to provide a specimen for analysis while driving or attempting to drive?
A 12 month driving disqualification and a band B fine (75 - 125% of relevant weekly income) is the minimum penalty imposed for this offence at Magistrates court.
What is the maximum penalty for failing to provide a specimen for analysis while driving or attempting to drive?
A lengthy driving disqualification of 5 years or more and a 26 week custodial sentence is the maximum penalty imposed for this offence at Magistrates court.
Driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity
DVLA Endorsement Code: DR31 (remains on licence for 11 years from date of conviction)
Section 7A of the Road Traffic Act 1988 enables the police to request a medical practitioner to take a blood sample from a person without their consent under certain circumstances.
While a blood sample can be taken without consent it cannot be analysed unless the person from whom it was taken:
- has been informed it was taken; and
- has been required by a constable to give his permission for a laboratory test of the specimen; and
- has given his permission.
A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from them is guilty of a criminal offence.
Anyone convicted of this offence will be classed as a high risk offender. High risk offenders are required to take and pass a DVLA medical before a driving licence will be issued to them upon expiration of their driving disqualification.
What is the penalty for failing to give permission for analysis of a blood sample that was taken without consent after driving or attempting to drive?
The penalty for failing to give permission for analysis of a blood sample that was taken without consent is the same as the penalty imposed for failing to provide a sample for analysis after driving or attempting to drive as outlined above.
Our online forum is a great place to reach out and talk to other people who have been charged with the same or similar offences.