If the police have reasonable grounds to suspect a drink driving offence they can require a road side breath test. If this test is failed, further testing can be required at the police station by way of a further breath test or urine or blood samples.
Officers requiring such samples must follow set procedures which if breached, can lead to a defendant’s acquittal. When a person fails to provide such a sample they can be prosecuted for failure, unless they have a 'reasonable excuse’. We can advise you of whether a 'reasonable excuse' may exist 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.
Refusal to provide a specimen
