Failing to provide a specimen: can a medical condition be a reasonable excuse?

Being stopped by the police on suspicion of drink or drug driving can be an incredibly stressful experience. 

When asked to provide a sample of breath, blood or urine, the law says you must comply. Failure to do so, unless you have a reasonable excuse, is an offence in its own right. This can carry serious penalties including, in some cases, imprisonment and/or a longer disqualification period than if you were driving under the influence. But what happens if a genuine medical condition means you are unable to provide the sample requested? Successfully arguing this defence is complex. 

The law

Even if you have not drunk alcohol or consumed drugs, when you are stopped by the police and they request a sample of breath, blood, or urine, you must comply or you will commit a separate offence of “failing to provide”. However, if you have a reasonable excuse for failing to provide a sample, you have a defence. 

What is a reasonable excuse?

Simply stating you had not been drinking and did not have drugs in your system is not a reasonable excuse. Stating you were “unwell” or you “panicked” is also not enough. 

A medical condition could be considered a reasonable excuse, but only if it genuinely prevents compliance. 

Medical condition: physical vs. mental health

The term “medical condition” is an umbrella term which encompasses both physical and mental health conditions. Physical conditions could include lung disease, COPD, or Asthma. These conditions could impact your ability to provide a sample of breath, for example. Mental health conditions could include severe anxiety, panic attacks, or needle phobia. Again, this could impact your ability to provide a sample of breath or blood. 

The Court will in most cases, however, require expert evidence in support of these conditions, not just your word. Examples of ‘expert evidence’ could include:

• GP letter/records
• Hospital letter/records
• Expert report 

Steps to take

If you believe you have a genuine medical condition which prevents you from providing a sample to the police, you must inform the police immediately when asked for a specimen and explain how your condition affects your ability to provide that specific sample. You must also request a medical assessment if appropriate.
 
You can also offer an alternative sample. For example, if you have COPD and cannot give breath, you could offer to give blood or urine instead.

Once released, you must ensure that you gather the relevant information as soon as practicable to support your defence and then seek legal advice. 

Final Thoughts

Medical conditions can be a reasonable excuse for failing to provide a specimen but only if they are genuinely linked to the ability to provide that specific specimen and are properly documented and supported by medical and expert evidence. 

If you require advice and representation in the police station or at court, do not hesitate to contact our office. At HCB Solicitors, our criminal defence team are available 24/7 through our out of hours line on 07074 237 797.