If you are stopped by the police and asked to provide a breath sample, refusing to do so might seem like a way to avoid a drink driving prosecution.
However, refusing to provide a specimen when legally required can itself be a criminal offence, with potentially serious consequences.
So, is refusing a breath test worse than failing one? The answer depends on the circumstances, but refusing a specimen should never be viewed as an easy alternative to providing one.
When can police request a breath test?
Police can require a driver to provide a preliminary breath test in certain circumstances. This can include where they suspect the driver has been drinking alcohol, where the driver has committed a traffic offence, or where the driver has been involved in a road traffic collision.
If a roadside test indicates that alcohol may be present, the driver may be arrested and taken to a police station or other appropriate location for an evidential test.
What happens if you refuse a breath test?
Refusing to provide a specimen without a reasonable excuse can lead to a separate offence.
For example, if you are required to provide an evidential specimen and deliberately refuse without a legally recognised reason, you could face prosecution for failing to provide a specimen for analysis.
The potential consequences can include:
- A driving disqualification
- A fine
- Penalty points in certain circumstances
- Increased insurance costs
- A criminal conviction
The precise penalty will depend on the offence and the circumstances of the case.
What if you fail the breath test?
A failed breath test does not necessarily mean that you will automatically be convicted of drink driving. Following a positive roadside test, you may be required to provide an evidential specimen. This may be a breath, blood or urine sample, depending on the circumstances.
If the evidential result shows that your alcohol level was above the prescribed legal limit, the prosecution may rely on that evidence when bringing a drink driving charge.
The potential consequences of a drink driving conviction can include a mandatory driving disqualification, a fine and, depending on the circumstances, a community order or imprisonment.
Is refusing a breath test more serious?
There is no simple answer because the consequences depend on exactly what happened and which specimen you were required to provide.
However, refusing a required specimen does not necessarily result in a lesser penalty than a drink driving offence. A conviction for failing to provide a specimen can itself result in disqualification.
There may also be circumstances where a person has a reasonable excuse for being unable to provide a specimen. For example, certain medical conditions may affect a person’s ability to provide a breath sample.
Whether such an explanation amounts to a legally recognised reasonable excuse depends on the individual circumstances and available evidence.
What should you do if you are accused?
If you have been accused of refusing to provide a breath specimen, it may not automatically mean a conviction. The circumstances surrounding the request, the police procedure, the reason for any refusal and the evidence available may all be relevant.
A specialist drink driving solicitor can review the circumstances of the allegation and advise you on your options. This can be particularly important if losing your licence could affect your employment or livelihood.