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Failure to provide a sample

If a person has been required to provide a sample of breath, blood or urine by the police but does not do so this normally results in a charge of failure to provide a specimen.

Like drink driving, this offence carries a mandatory disqualification on conviction.

However, there are often legitimate reasons why a sample may not have been provided. Those with medical conditions which affect lung capacity may be unable to satisfy the requirements of the machine. The police may not have followed procedure correctly or failed to provide proper instructions about how to blow into the machine. There may even have been a problem with the machine itself which resulted in it being unable to register a specimen.

There are three different types of evidential breath testing equipment used in England and Wales. These are the Lion Intoxilyser 6000 (generally used in the North of England and Wales and the South West), the Intoximeter EC/IR (most common in London and the South East) and the Camic Datamaster (used in Merseyside and parts of London). Each type of device measures alcohol in a breath specimen in roughly the same way. However, the requirements for detecting a specimen differ slightly between the devices. Therefore, blowing in a certain way will result on a specimen being produced by one device but not necessarily one of the others. In spite of this, the same instructions are given by the officer in relation to all three devices. This is far from an ideal situation for the police.

With a wealth of experience behind us, we are experts in handling cases of this nature. Evidence from an outside medical or other expert may also be required. As always, prompt legal advice is crucial in order to protect your position.

Call us now on 0333 358 3600 mobile free minute calls or 0161 241 3322 to find out where you stand or complete the contact form.