This is one of the most common charges we see at Forrest Williams. Clients have normally been arrested for drink driving and are taken back to the police where they are asked to provide a breath specimen and are unable, or unwilling to, provide a sample.
We understand how stressful it is in a police station, it is probably the first time you have been arrested, you do not know what is going to happen. You may not have even been drinking but for some reason are unable to provide a sample. You have now been charged with failing to provide a sample. We understand that you want honest advice about your case and what will happen to you.
If you are found guilty of this offence you will be disqualified for at least 12 months. In fact the courts normally treat this more seriously than drink driving.
We are specialist Drink Driving Solicitors and we defend a lot of these cases. You need to show that you had reasonable grounds for failing to provide the sample. These are normally medical although we have successfully defended people who have been unable to understand the instructions from the police.
Medical reasons have to relate to the offence so obviously something relating to your breathing is a stronger defence that an injury that is not directly related. We have successfully defended cases where people have been unable to provide due to stress and anxiety.
Often people simply refuse to provide a sample, this is a lot harder to defend but if we can show that it is related to a medical issue, in particular stress or anxiety then we can defend the matter. It may be for instance that you were so scared and anxious at the police station that you could not follow the instructions of the police.
We will always give you an honest assessment of the chances of success. If we believe you have a reasonable chance of success and agree to take on your case we will guide you through the procedure and fight every step of the way to keep your licence.