The offence of Failure to Provide tends to cover the situation where a person either refuses to provide a specimen of breath at the roadside or refuses to co-operate in the intoximeter or provide another sample at the police station or in hospital.
Unfortunately it matters not whether the accused person was, in fact, over the prescribed limit. The Crown Prosecution Service must simply prove that a person refused to provide a specimen without reasonable excuse.
There are a number of situations prescribed by law that amount to a defence such as reasonable excuse. We have a number of skilled and experienced lawyers who can look at your case in detail to see whether any of those situations might apply to your case.
As with the offence of driving with excess alcohol, this offence carries a minimum driving disqualification of 12 months, but the length of disqualification will generally be higher than if the accused person had in fact provided a specimen. There are circumstances in which you can avoid a disqualification.
We have represented many people successfully on this type of case. If you need any advice or help contact us immediately.