Under section 6(6) of the Road Traffic Act 1988, it is an offence to fail to provide a breath specimen when required to do so by a police officer. This applies whether you are stopped at the roadside or taken to a police station for further testing.
If you refuse without a reasonable excuse, you can be arrested on the spot and charged with failing to provide a specimen. This charge often carries penalties as severe as, or even worse than, a drink-driving conviction itself. The courts typically impose a driving disqualification, a hefty fine, and, in some cases, a custodial sentence, particularly if there are aggravating factors such as a prior record or dangerous driving.
There are limited circumstances in which a refusal may be legally justified. Medical conditions affecting lung function, such as severe asthma, may be considered a reasonable excuse, but simply refusing on the basis of personal choice or distrust of the procedure will not be accepted. If a medical condition is claimed, the burden is on the driver to provide supporting evidence, and the police may request a blood or urine sample instead.
It is a common misconception that refusing a breath test can help avoid prosecution. In reality, it often leads to an automatic assumption of guilt, and magistrates are unlikely to be lenient.
Understanding your rights and the legal consequences of refusal is crucial when dealing with police encounters. If you want to be fully informed about your legal position when faced with a vehicle stop, Copper Stopper provides essential guidance on police powers, your rights, and how to navigate the legal system.
