Road traffic offences—failing to provide a specimen

Copyright © 2025 LexisNexis
Produced in partnership with Alex McHugh of Pump Court Chambers
Practice notes

Road traffic offences—failing to provide a specimen

Copyright © 2025 LexisNexis

Produced in partnership with Alex McHugh of Pump Court Chambers

Practice notes
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Failing to provide a specimen

It is an offence contrary to section 7 of the Road Traffic Act 1988 (RTA 1988), if, having been required to provide a specimen of breath, blood or urine for analysis, a person fails to do so, without reasonable excuse (after having/not having driven or attempted to drive).

For detailed guidance on the requirement to provide a specimen, see Practice Note: Evidential specimens in road traffic cases.

Failing to give permission for a laboratory test

There is a separate offence which can be committed where a person provides a sample of blood but fails, without reasonable excuse, to give permission for a laboratory test of that specimen of blood. They would be guilty of an offence under RTA 1988, s 7(A).

Elements of the failing to provide a specimen offence

Required

A constable can require a Defendant to provide a specimen of breath, blood or urine in the course of an investigation into whether the defendant has committed a drinks or drugs based offence under RTA

Alex McHugh
Alex McHugh

Barrister, Pump Court Chambers

Alex McHugh joined Pump Court Chambers following successful completion of his pupillage. His key areas of practice are criminal defence, family, and landlord & tenant disputes. 

Prior to joining Chambers, Alex worked as a paralegal for a number of years at a Legal 500 firm in London. Two of those years were spent in crime under the stewardship of extremely experienced senior partners. Alex helped manage cases from beginning to end and represented all manner of clients in respect of a full range of alleged offences. 

As counsel, Alex defends his clients throughout every stage of proceedings. Alex accepts private and, where applicable, publicly funded briefs on road traffic offences, and has experience in representing clients in relation to speeding, drinking driving, “totting up”, and causing injury by dangerous driving offences.  

Alex predominantly works across the Western Circuit, London, and the South East. 
 

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