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CRIMINAL DEFENCE LAWYERS
FAILURE TO PROVIDE BREATH TEST / URINE SAMPLE
Failure to provide a breath test/urine sample can have serious consequences. It is vital to act quickly.
Mission
Severity of the Situation
The courts often perceive the failure to provide a breath test or urine sample as tantamount to a positive breath test result, indicating excessive alcohol consumption unfit for driving a motor vehicle.
Navigating Complexity
The repercussions of this offence can be significant. It is crucial to have a solicitor specialising in this area of law by your side to provide guidance and clarity.
Failure to Provide Breath Test/Urine Sample – What Does the Law Say?
Section 6 (6) of the Road Traffic Act 1988 stipulates:
"A person commits an offence if without reasonable excuse, they fail to cooperate with a preliminary test as required under this section."
If the police have reasonable grounds to suspect you of driving (or being in charge of) a motor vehicle after consuming excessive alcohol, you may be asked to provide a breath sample at the roadside.
A positive breath sample usually results in arrest.
Failure to provide a breath specimen at the roadside may lead to arrest. Upon arrest, you'll be taken to the police station where you'll be asked to provide an evidential breath sample. Failing to provide this, without reasonable excuse, will likely result in charges.
However, failure to provide a breath test is not universally an offence. It is specifically the failure to provide one when requested without reasonable excuse that constitutes an offence.
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