Failing to provide a breath sample

Failing to provide a breath sample is one of those charges that is a bit unfair on the motorist. When you’ve been pulled over by the police and you know that you haven’t been drinking and you know that you can prove that, and you have evidence of that it can be very frustrating when police officers have stopped you because they suspect you’ve been drink driving.

You think, well, why should I give a breath sample? Or at least can I speak to a lawyer and find out what my rights are? Unfortunately, you’re not entitled to speak to a lawyer at that stage. If the officer wants a sample, then it’s their duty to try to attain that as soon as possible. So the officer will ask you for the sample.

A police officer is not required to explain to you why they suspect you’ve been drink driving. They simply have to have that reasonable suspicion. They then take the sample from you. If you fail to give the sample, if you refuse on point of principle or for whatever reason, you’ll be charged with failing to provide a breath sample.

Failing to provide a sample ban

That’s a serious charge because it generally attracts an 18-month disqualification. Although the minimum is 12 months in Scotland. Sheriffs in general, tend to air on the higher side, perhaps thinking that it will dissuade others from who have been drinking. And failing to provide it would dissuade them from thinking this is a nice, convenient, easy way to get out of a 12-month burn eye to try to avoid justice.

An 18-month ban tends to be a starting figure for Sheriffs because they see it as a disincentive to others. It sends a message that if you fail to provide a sample, then you can expect a higher bond. If you actually had given a sample and even prove positive it is better for you in the long run.

Failure to provide a sample lawyer

Don’t ask for a lawyer straight away and don’t insist upon such matters, because all that will happen is you will be charged with a failure to provide a breath sample. And at the end of the day, you could be looking at a very, lengthy ban and the type of conviction on your record that nobody really wants to have.

If you’ve been charged in relation to failing to provide, please contact us. A lawyer will give you some more information about your own case. It’s totally free to call. We’re not looking for instructions at this stage. We simply want to give you some advice about your own case, and we’re quite happy to do that on a no-obligation basis. So contact us today.