Refusing Roadside Breath Test
Have you recently refused a roadside breath test? We can help. Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, it won't!
All of our traffic lawyers have hundreds of cases worth of experience in defending clients who have been charged with a traffic offence, especially those who have been charged with refusing a roadside breath test. Our success rate in greatly reducing or even completely avoiding a drink driving ban is second to none.
Rob Bimpson, one of TrafficLawyer4u's expert drink driving ban solicitors, is widely acknowledged to be an expert in defending all types of UK driving bans, including drink driving and refusing a roadside breath test. He has been dedicated to the defence of clients since 1989, and his welth of experience will be used to personally ensure you receive the best advice and the to help you achieve the best possible outcome to your case.
Refusing a Roadside Breath Test: The Law
When a person is stopped by a uniformed police office, they are able to request the driver provides a preliminary breath test so long as they reasonably suspect the driver is guilty of the following charges:
- Is driving, attempting to drive or is in charge of a vehicle while under the influence of alcohol or drugs.
- Has been driving, attempting to drive or is in charge of a vehicle while under the influence of alcohol or drugs.
- Has committed a road traffic offence while in charge of a moving vehicle.
Once the officer has requested the driver to provide a preliminary sample, it is an offence to refuse. You will be treated in the same manner as you would be had you failed the roadside breath test. You'll be taken to the local police station and required to provide a further, more accurate breath test as evidence. If it's positive, you will be charged.
Sometimes, there might be a geniune physical or mental reason for you being unable to provide a breath test sample at the roadside. This will be taken into consideration, but is by no means a get out of jail free card.
Furthermore, a constable, whether or not in uniform can demand a person cooperate with a preliminary test (roadside breath test) if an accident occurs on a road or other public place and the constable reasonably believes the person to have been driving, attempting to drive or is in charge of a motor vehicle involved in the accident. You should note that the power to request the preliminary test (roadside breath test) in these circumstances actually requires an accident to have taken place.
Refusing a Roadside Breath Test: The Conviction
Should you fail or refuse to provide a roadside breath test sample, you will be taken to a police station. Here you will be expected to provide a sample and, depending on the outcome of this sample, you will either be released without charge, charged with refusing to provide a breath test sample or charged with failing a breath test sample.
The current UK limit for alcohol concentration in the breath is 35 micrograms per 100 millilitres of breath, as set by the 1988 Road Traffic Act. Although, should you register an alcohol concentration of less than 40 micrograms per 100 millilitres of breath, you will not normally be charged. In some cases, they might use back calculations in cases where they suspect a driver's breath alcohol level was above the limit at the time of the offence.
Refusing a Roadside Breath Test: The Penalty
The penalties involved with failing and refusing a roadside breath test vary according to the crime you are convicted of, and the amount of alcohol that was in your system at the time. Generally, failure and refusal both carry the same penalties. Both can result in you receiving a minimum of 4 penalty points or even being disqualified, receiving an unlimited fine and and potentially face 6 months' imprisonment.
If you're convicted of a similar offence within 10 years, a mandatory minimum three year minimum driving disqualification will be imposed. The punishment for failing to provide an evidential specimen after being arrested for being drunk in charge of a vehicle is 10 driving licence penalty points or a driving disqualification, and a fine of up to £2,500, plus potentially three months imprisonment.
We are able to help with all of the above convictions, but it is important that you contact us as soon as possible to give you the best chance at the best possible outcome. So don't delay, contact TrafficLawyer4u today to see how we can help you avoid a possible drink driving ban!