Failing to provide a specimen for analysis

s.7(6)Road Traffic Act 1988

Failing, without reasonable excuse, to provide a specimen of breath, blood or urine for analysis when lawfully required to do so during a drink or drug driving investigation.

Failing to provide a specimen for analysis · Road Traffic Act 1988, s.7(6)Card 73 / 85

Points to prove

In the course of an investigation into whether they had committed an offence under s.3A, 4, 5 or 5A
Was required by a constable to provide a specimen of breath, blood or urine under s.7
Was warned that failing to provide it may render them liable to prosecution
Failed to provide the specimen
Without reasonable excuse

Key definitions

Specimen – s.7(1) and (1A): two specimens of breath for analysis by an approved device, or a specimen of blood or urine for a laboratory test. For a s.5A (drug driving) investigation, only blood or urine can be required.
Fail – s.11(2): includes refuse.
Provide a specimen of breath – s.11(3): the specimen must be enough for the analysis to be carried out and be given in a way that lets the analysis achieve its objective.
Provide a specimen of blood – s.11(4): only if the person consents and it is taken by a medical practitioner or registered health care professional.
Warning – s.7(7): the constable must warn the person that failing to provide the specimen may render them liable to prosecution.
Urine – s.7(5): must be provided within one hour of the requirement, after a previous specimen of urine.

Defences

Reasonable excuse – part of the offence. Once the defendant raises it, the prosecution must disprove it. Generally the excuse must come from a physical or mental inability to provide the specimen, or a substantial risk to health in providing it (R v Lennard 1973).

Good to know

Which penalty applies depends on why the specimen was wanted. If the person was driving or attempting to drive, disqualification is obligatory. If they were only in charge, it is discretionary (RTOA 1988 Sch 2).
Failing to co-operate with a preliminary (roadside) test is a different offence: s.6(6), fine up to £1,000 (level 3), 4 penalty points, discretionary disqualification.
Refusing to let a blood specimen taken without consent (while the person was incapable) be tested is a separate offence under s.7A(6).
A conviction in the previous 10 years for drink driving, drug driving or failing to provide (driving cases) raises the minimum disqualification for the driving version to 3 years (RTOA 1988, s.34(3)).

Legislation: Road Traffic Act 1988, s.7(6) (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Where the specimen was to find out the person's condition when driving or attempting to drive: 6 months' imprisonment and/or an unlimited fine; obligatory disqualification (minimum 12 months). Any other case (e.g. in charge): 3 months' imprisonment and/or a fine of up to £2,500 (level 4); discretionary disqualification, otherwise 10 penalty points