Failing to Provide a Breath or Blood Specimen

You must have a “reasonable excuse” for failing to provide a specimen to avoid a conviction for this offence.

Broadly speaking this defence is available if you are either mentally or physically incapable of giving a specimen. There is a great deal of case law on this subject and you will need an expert advocate to assess all the evidence to determine if you have a defence.

If convicted a mandatory disqualification of at least 12 months is imposed and in the most serious cases imprisonment may be considered.