Failure to Provide a Specimen of Breath

Failing to provide a breath test sample is an offence under Section 6 of the 1988 Road Traffic Act. The police can request a driver to take a breath test if they suspect that a driver is over the legal alcohol limit, and refusal to cooperate with the police is a serious matter. If you have failed to provide a breath test to the police, we recommend seeking immediate legal advice to safeguard your rights.

At Draycott Browne, we understand the significant impact that charges for failing to provide a breath test or a DR70 Conviction can have on various aspects of your life, so if you are facing a charge of this nature, get in touch with us as soon as possible, so that we can explore your defence options.

What is a DR70 Conviction?

The police, DVLA and regulatory bodies employ endorsement codes for the classification of motoring offences, with DR70 specifically addressing the failure to provide a breath test without a valid excuse; this typically involves blowing into a handheld device at the roadside. Refusing a breath test when legally requested by law enforcement can result in a DR70 conviction, carrying penalties of up to £1,000 and four penalty points on your driving licence.

A DR70 Conviction, or DR70 DVLA endorsement Code, is issued when a driver refuses to undergo an initial breath test, which is a standard screening process for anyone the police suspect may be drunk driving. The legal alcohol limit in England is 35µg per 100ml of breath, and when you take the test, it gives instant results. If you are under the legal limit, the police will often let you go, so long as you haven’t committed any other offence. However, if you refuse to give a sample by the side of the road, you will be taken to the station to provide a sample on a machine called an intoximeter. If you still fail to provide a breath sample at the station, you will be issued a DR70 conviction; this differs from a DR20 conviction, which is issued when a driver is found to be over the limit and, therefore, guilty of drunk driving.

What is the legal alcohol limit in the UK?

Understanding the legal alcohol limit is paramount. In England and Wales, it stands at 35µg of alcohol per 100ml of breath, whereas Scotland has limits set at 22µg of alcohol in 100ml of breath. Navigating the intricacies of alcohol consumption and its impact on legal limits is complicated; factors such as age, sex, height, weight, food intake and stress levels all play a role. For those seeking to avoid DR70 offences and related legal complications, the safest choice is to abstain from alcohol if driving. Even minimal consumption can impair reaction times and vision, posing a risk to the driver and others on the road.

A DR70 conviction for failing to provide a breath sample can have severe consequences, including disqualification from driving for a minimum of 12 months (or a minimum of three years if you have committed any previous driving offences within the past ten years), potential imprisonment for serious cases, and increased car insurance premiums for a minimum of five years after conviction. The seriousness and far-reaching consequences of failing to provide a breath test highlight the importance of seeking expert legal representation to mitigate the impact on your life.

How is a DR70 conviction defended?

At Draycott Browne, we have a team of experienced road traffic defence solicitors, and we tend to see that there are two types of DR70 offences; the first is where a driver has genuinely attempted to provide a sample, and the second is where an outright refusal has been made. In terms of defence, we must understand the reason for the failure. It can be the case that there were issues with the breath machine, for example, if the mouthpiece was defective in some way, preventing someone genuinely trying to give a sample from doing so.

Certain processes must be followed when the police arrest someone on drunk driving charges, and these must be followed to the letter – incorrect completion of the relevant documentation can impact your statutory rights in police custody, specifically the right against self-incrimination. Seeking legal advice from Draycott Browne means that we will be able to explore the technicalities of your case and challenge any procedural errors.

Pleading “guilty” to a charge of failing to provide a breath test doesn’t gain you the leniency of the court, as minimum penalties apply. If you feel you have grounds to challenge the allegation, you may need to consider a “not guilty” plea, meaning that the Crown Prosecution Service must prepare its case. When this happens, a thorough examination of the evidence will be necessary, and any potential weaknesses in the prosecution’s case may be exposed. If you are facing a DR70 conviction and want to discuss the defence options available to you, please get in touch with us as a matter of urgency. We will examine your case and ensure that any crucial defence points are taken into consideration.

Why choose Draycott Browne?

Facing a DR70 conviction for failing to provide a breath sample is a serious matter that requires expert legal representation. At Draycott Browne, we combine a comprehensive understanding of the offence, meticulous defence strategies and a commitment to protecting your rights, making us your best option for navigating the complexities of the challenge ahead of you.

Contact us today to secure the best possible outcome for your case – we will work tirelessly on your behalf to preserve your licence and mitigate the consequences of the DR70 conviction you face.

 We will comprehensively guide you through the legal process, offering clarity and reassurance at every step whilst crafting a robust defence strategy tailored to the specific circumstances of your case.

​