Driving Offence Solicitors
Call Freephone 0800 1389 123 Driving Offence Solicitors
request a call back from our driving offence solicitors

FAILING TO PROVIDE A SPECIMEN

Geoffrey Miller Solicitors are specialist Failing To Provide a Specimen for Analysis Solicitors. Call our team of expert motoring solicitors for some free initial advice.

From 1st January 2021 until 31st December 2023

We WON 95% of our Failing To Provide A Specimen Cases!

We defended a total of 43 failing to provide a specimen cases and won 41 cases.

Call Us Now on Freephone

0800 1389 123

Request A Call Back

Please note we only deal with motoring cases in England and Wales and are unable to assist with cases in Scotland or Northern Ireland.

Fill in your name and telephone number and we will call you back.
Rest assured all data transferred on Motoroffence.co.uk is secured using a trusted SSL Certificate.

drink driving sentencing guidelines

View Sentencing Council Guidelines Failing to Provide when the suspect is accused of driving/attempt to drive

At Geoffrey Miller Solicitors we win the majority of the driving offence cases we that defend. When you need an expert Motoring Solicitor to help you with a Failing to Provide a Specimen Offence call our Solicitors on Freephone 0800 1389 123.

Even if you are tee total and never drink alcohol, without expert legal representation you could be convicted of the drink driving related offence of failing to provide a specimen to the police.

If you fail a roadside breath test or you are simply unable to provide a complete sample, you will be taken for further testing at the police station or at hospital and required to cooperate in providing a further breath test, urine sample or blood sample.

drink driving sentencing guidelines

View Sentencing Council Guidelines Failing to Provide when the suspect is accused of being drunk in charge

It is the sample taken at the police station that would be used as evidence against you in court and is called the “evidential” sample. If you fail to provide an “evidential sample”, whether you were over the alcohol limit or not, you can be prosecuted for failing to provide a specimen to the police and convicted of this serious offence unless the court finds that you had a ‘reasonable excuse’ for your failing to provide a specimen.

Our drink driving solicitors and drug driving solicitors have extensive knowledge of the detailed technical laws related to failing to provide a specimen and can advise you of whether a ‘reasonable excuse’ may arise in your case.

It is also necessary that any person prosecuted for this offence was given an appropriate warning about the possibility of prosecution prior to the sample being required.

If you are facing prosecution for failing to provide a specimen, Geoffrey Miller Solicitors are the UK’s most well respected driving offence solicitors with particular expertise in alcohol related offences.

You may have mistakenly assumed that your only option is to plead guilty to a failing to provide a specimen charge. If this is you, please get in touch so that a specialist motoring defence solicitor can guide you through your various options free of charge.

This is probably the first time you have ever been in trouble with the law and we know how distressing that feels for you. Please call our understanding team of expert drink driving Solicitors Freephone 0800 1389 123 as soon as possible. We will listen, advise and console you but we will also give you our honest no nonsense straight talking legal advice.

Below are some more details of the options that our drink driving expert solicitors can offer to you. There’s a lot to read on this page so if you would rather just pick up the phone and talk things through, then please call us on Freephone 0800 1389 123 or contact us by email. You can discuss your options free of charge with an expert drink driving lawyer on the Geoffrey Miller team. Our phones are manned throughout the day and night by real lawyers (not in a call centre) all of whom are experts in the field of motoring law with specific emphasis on drink driving cases.

Pleading Guilty to a Failing to Provide a Specimen Offence

If you have already decided that you wish to plead guilty then Geoffrey Miller Solicitors offer a cost effective fixed fee “damage limitation” service for pleading guilty to failing to provide a specimen cases.

Before you make this potentially life changing decision, you should know that the penalties for failing to provide a specimen offences can be far reaching. Please take a look at our penalty calculator for more specific details of the penalty you could be facing for a failure to provide a specimen conviction. The penalty could be partially based on the level of your incomplete breath reading along with other factors and in particular whether you have a previous conviction for an excess alcohol offence within the last 10 years.

Whilst many people understand that the minimum penalty for failing to provide a specimen is a 12 month ban (or 3 years ban for a repeat drink driving offender) many drivers do not realise how a failing to provide a specimen conviction can also mean:

  • The loss of your job
  • A massive increase in insurance premiums when you are able to drive again (see our money saving calculator)
  • The possibility of undergoing medical examinations before you can drive again
  • Attendance on a drink driver’s rehabilitation course
  • A possible prison sentence, although this is reserved for repeat drink driving offenders or those who have been found to be several times over the drink driving limit
  • Visa restrictions particularly in terms of entry to the USA and Australia
  • A criminal record with the conviction for failing to provide a specimen remaining on your driving license for 11 years. If you are a professional (doctor/accountant/solicitor) you will most likely have to report the conviction to your regulatory body.

Pleading guilty is not your only option so please keep reading the other details on this page. Or call Freephone 0800 1389 123 to discuss your options free of charge with one of our expert drink driving solicitors. Our phones are manned 24 hours real lawyers (not in a call centre) all of whom are experts in the field of motoring law.

Pleading Not Guilty to a failing to provide a specimen offence

Much of the crucial police evidence in your failing to provide a specimen case could be destroyed fairly soon after your original arrest if a specific request for it to be preserved is not made immediately. If you know that you wish to challenge the failing to provide a specimen prosecution, it is essential that you contact a Solicitor at Geoffrey Miller Solicitors at the earliest opportunity, preferably well in advance of your first court hearing.

Our Solicitors will want to set to work straight away on preparing your defence. This may involve contacting witnesses, viewing CCTV, requesting inspection facilities of the machine that you gave your reading on (many of which are horrifically unreliable) instructing drink driving toxicologist experts; forensic medical examiners… the list goes on. We won’t know exactly what work (and cost) is going to be involved in your case until you make contact with us so please call us now on Freephone 0800 1389 123. Our team of specialist drink driving lawyers will be glad to discuss your options free of charge. Our phones are manned throughout the day and night by real lawyers (not in a call centre) all of whom are experts in the field of driving offences.

If you defend a failing to provide a specimen prosecution you will be allowed to continue to drive and your licence would only be affected by a ban if you are convicted. At Geoffrey Miller Solicitors our statistics show that the chances of you avoiding a ban are extremely high as we win majority of the failure to provide a specimen cases we defend.

Not Sure What to Do If You Failed To Provide a Specimen for Analysis?

If you have spoken to other motoring solicitors before us, you may have been advised that there is nothing that can be done to help you with your drink driving offence. This advice is often given because the solicitor who dispensed the advice is not a true expert in failing to provide a specimen law and in their limited knowledge of drink driving cases, there is nothing that can be done. If your GP told you that you had a brain tumour and there was nothing to be done to help you would you leave to at that? Of course not! You would most likely seek a second opinion from a brain surgeon.

Most people who get in touch with us are uncertain of their options. They are unaware of any defences that may be available and find it difficult to believe that it might be possible to defend the failing to provide a specimen charge. You may find the possibility of having to plead guilty inconceivable because you simply don’t know how you will manage without your driving licence. You may find it equally difficult to grasp the possibility of defending the failing to provide a specimen charge.

In the majority of cases we are unable to tell you if you have a case worth defending until we can look into the specifics of your case in more depth. We offer a priority investigative option to all clients facing drink driving related offences which means that if you are unsure if you have a defence or if you have been told by another solicitor that you have no defence but we think otherwise, our team of drink driving solicitors will consider the evidence in your case and take a full statement from you. They will then provide you with their opinion and the merits in defending the case or pleading guilty. As we can conduct this option for a relatively low fixed fee it means that you are not committed to spending significant fees in order to establish if there is any way of defending the offence. Take a look at our case study and testimonial of a client who transferred to Geoffrey Miller Solicitors after becoming unhappy with his supposed expert drink driving solicitors.

If you would prefer to call us rather than trawl through the pages on our website, we are always more than happy to chat things through with potential clients FREE OF CHARGE. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting punishment unnecessarily.

Penalty for Failing to Provide A Specimen

The most serious offence carries 6 months imprisonment, compulsory minimum ban of 12 months or 36 months if previous offence up to 10 years before, and an unlimited fine. To deter people with high readings refusing to provide a specimen, guidance suggests that penalties for this offence should start at a ban of 24 months rather than the statutory minimum.

Failing to provide a roadside breath test is a discretionary ban or 4 points, and a fine of up to £1000.

VIEW ALL OUR FAILING TO PROVIDE TESTIMONIALS

†Figures include drink and drug related cases only and include successful appeals but exclude cases lost that are the subject of appeal as at 31st December 2023.

Not Sure What to Do About Failing To Provide A Specimen?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

Call Us Now Free on 0800 1389 123

Call Geoffrey Miller Solicitors 24 hours 7 days a week

Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.

FINANCE AVAILABLE

Get The Help You Need – Instant Decision

To help you purchase from Geoffrey Miller Solicitors, we have partnered with Kandoo, a regulated credit broker to offer all our customers a range of highly flexible finance options. Kandoo is a comparison service that searches to find you the best Personal Loan option that’s right for you.

Powered By
Finance Available

Learn more about our

Finance Options

ASK OUR CLIENTS

Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme - “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

Ask Now

FAILING TO PROVIDE A SPECIMEN BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our failing to provide a specimen ban calculator to see what you could receive for your failing to provide driving offence.

Try It Now

FAILING TO PROVIDE A SPECIMEN COST CALCULATOR

Based on our 2020 market research you can use this form to calculate the likely costs including increased car insurance cost if you were to be convicted for failing to provide a specimen.

Try It Now

CALCULATOR TOOLS

Use our calculator tools to find out what motoring offence penalties or financial costs you could be facing if convicted.

Try It Now

PRICING STRUCTURES

We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

View Pricing

Geoffrey Miller Solicitors is a trading name of Jeanette Miller Law Limited, a Limited Company Registered in England and Wales. Company No: 8214795.
Registered Office: Riverside House Kings Reach Business Park, Yew Street, Stockport, United Kingdom, SK4 2HD.
Authorised and Regulated by the Solicitors Regulation Authority No: 573314 VAT No:162576593.
Managing Director: Jeanette S. Miller Legal Director: Tara Boyle. View our Website Terms of Use, Privacy and Cookies policy, Accessibility Policy, Personal Indemnity Insurance Policy, Sitemap.
Please note that our calls may be recorded for training and/or contractual purposes.

Geoffrey Miller Solicitors
geoffrey miller solicitors motoring law experts
CALL NOW 7 DAYS A WEEK FREEPHONE 0800 1389 123