The powers library44 of 59 Road policing

Provision of specimens for analysis

ss.7–7ARoad Traffic Act 1988

Lets a constable investigating a drink or drug driving offence require evidential specimens of breath, blood or urine, at the places and on the grounds the Act sets out.

Provision of specimens for analysis · Road Traffic Act 1988, ss.7–7ACard 44 / 59

When you can use it

s.7(1)In the course of an investigation into whether the person has committed an offence under s.3A, 4 or 5 (causing death while unfit or over the limit, unfit through drink or drugs, over the alcohol limit)
s.7(1A)For a s.5A (specified drug limit) investigation, only blood or urine may be required
s.7(2)Breath only at a police station or hospital, where s.6(5) applies (after an accident), or by a constable in uniform
s.7(2D)Breath required elsewhere may be required again at a station only if no reliable device was available or practicable there, or the device's reading is reasonably believed unreliable
s.7(3)Blood or urine only at a police station or a hospital
At a station, blood or urine needs a s.7(3) ground: medical reasons, no reliable device, an unreliable breath reading, a preliminary drug test indicating a drug, or medical advice that the condition might be due to a drug
s.9(1)For a hospital patient, the medical practitioner in immediate charge must be notified first and must not object
s.7(7)The person must be warned that failing to provide may lead to prosecution

What it allows

Requiring two specimens of breath on an approved evidential device. The lower reading is used and the other disregarded (s.8(1)).
Requiring a specimen of blood or urine for a laboratory test. The constable decides which, and who is asked to take the blood (s.7(4)).
Remaining at or near the place of a preliminary breath test to make the requirement there (s.7(2C)).
Arresting without warrant a person who fails to provide breath, if the constable reasonably suspects they have alcohol in their body (s.7(5A)).

Key definitions

Fail – s.11(2): includes refuse.
Providing breath – s.11(3): the specimen must be enough for the analysis and given in a way that lets it achieve its objective.
Blood – s.11(4): taken only with consent, by a medical practitioner or registered health care professional. If they say it cannot or should not be taken for medical reasons, urine may be required instead (s.7(4A)).
Urine – s.7(5): given within one hour of the requirement, and after a previous specimen of urine.
Drug ground – s.7(3)(c) covers s.3A, 4 and 5A investigations only, not s.5.

Safeguards

Warning – s.7(7): give the prosecution warning every time a specimen is required.
Hospital patients – s.9: the specimen must be provided at the hospital. No requirement may be made if the doctor in charge objects that the requirement, the specimen or the warning would prejudice the patient’s proper care and treatment.
No statutory option – the right to have a breath reading replaced by blood or urine (old s.8(2)) was repealed from 10 April 2015.

Good to know

Failing to provide without reasonable excuse is an offence (s.7(6)).
s.7A – if a person involved in an accident appears incapable of consenting for medical reasons, a constable may ask a practitioner (not one caring for them clinically) to take blood without consent. It cannot be tested until the person is told and gives permission, after a warning. Refusing without reasonable excuse is an offence (s.7A(6)).
The Act requires no arrest or preliminary test before a s.7 requirement, only an investigation into a listed offence.
The specimen procedure need not be delayed to any significant extent so the person can first take legal advice (DPP v Billington 1988).

Legislation: Road Traffic Act 1988, ss.7–7A (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Provision of specimens for analysis: questions people ask

When can the police use provision of specimens for analysis?

1. In the course of an investigation into whether the person has committed an offence under s.3A, 4 or 5 (causing death while unfit or over the limit, unfit through drink or drugs, over the alcohol limit) 2. For a s.5A (specified drug limit) investigation, only blood or urine may be required 3. Breath only at a police station or hospital, where s.6(5) applies (after an accident), or by a constable in uniform 4. Breath required elsewhere may be required again at a station only if no reliable device was available or practicable there, or the device's reading is reasonably believed unreliable 5. Blood or urine only at a police station or a hospital 6. At a station, blood or urine needs a s.7(3) ground: medical reasons, no reliable device, an unreliable breath reading, a preliminary drug test indicating a drug, or medical advice that the condition might be due to a drug 7. For a hospital patient, the medical practitioner in immediate charge must be notified first and must not object 8. The person must be warned that failing to provide may lead to prosecution

Who can use provision of specimens for analysis?

A constable.

What law gives the power for provision of specimens for analysis?

Road Traffic Act 1988, ss.7–7A.

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