Failure to Provide a Breath Specimen

If police suspect that you have been driving or attempting to drive whilst intoxicated they may make a request for you to take a preliminary (roadside) breath test. Failure to provide a specimen of breath for this purpose without reasonable excuse is an offence which carries a discretionary disqualification and the mandatory imposition of 4 penalty points. If you believe that the police equipment was faulty or you have a medical condition preventing you from providing a breath specimen at the road side then you may have a reasonable excuse. We have considerable experience in preparing and presenting such defences.

If you have failed a roadside breath test the police can arrest you and require you to provide a specimen for detailed analysis. This will usually be done at a police station. The breath test equipment will calculate the level of alcohol in your breath. In some situations the Sergeant at the police station will allow you to provide a specimen of blood or urine instead. Failure to provide a breath, blood or urine specimen for analysis is an offence that carries a mandatory disqualification for a minimum of 12 months and potential imprisonment. It is a defence if the failure to provide was due to a reasonable excuse such as faulty police equipment or medical grounds. Running such a defence is incredibly complex. We have the skills to give you the best chance of saving your licence.