Refusal to take breath test

[Dr Jekyll]

If someone is arrested for failing to take a breath test are they required to take an alternative such as a blood test once at the station or do the police just concentrate on the refusal charge? Curious after watching someone with a tactical cough on a 'police camera crash idiot' programme.

[dundarach]

Isn't it just failure to provide which is itself a crime?

[Dr Jekyll]

It is, but I was wondering if they try to get them for drunk driving as well.

[cuprabob]

Dr Jekyll said:

It is, but I was wondering if they try to get them for drunk driving as well.

They will. It's known for people who think they are borderline to delay in the hope they pass the blood test

[Tango13]

Dr Jekyll said:

It is, but I was wondering if they try to get them for drunk driving as well.

Iirc the sentencing guidelines for refusing a breath test/failing to provide are more severe than actually failing the test itself so why bother going for drink driving too?

[macushla]

https://www.stephensons.co.uk/site/individuals/srv...

Seems fairly consistent with other solicitors comments too. I’m sure someone will be along soon to insult me and tell me I’m wrong though.

[matjk]

Watched on of the police programs and a guy had driven into a shop, pissed out of his face but functioning supprisngly well , at the station he blew the highest reading a cop with 26 years experience had ever seen, the DD just said “ow that’s pretty high” it was many times over the limit. He refused to give a second sample, being as they need two they told him he would be charged with failing to provide , he shrugged and went back to his cell. At the end it showed he was given a £120 fine and 12 month ban . It wasn’t his first time ! Same program a young guy got a £800 fine and 18 month ban for being 1.6 times over the limit . I guess if you’re well over falling to provide could be a wise strategy

[macushla]

matjk said:

Watched on of the police programs and a guy had driven into a shop, pissed out of his face but functioning supprisngly well , at the station he blew the highest reading a cop with 26 years experience had ever seen, the DD just said “ow that’s pretty high” it was many times over the limit. He refused to give a second sample, being as they need two they told him he would be charged with failing to provide , he shrugged and went back to his cell. At the end it showed he was given a £120 fine and 12 month ban . It wasn’t his first time ! Same program a young guy got a £800 fine and 18 month ban for being 1.6 times over the limit . I guess if you’re well over falling to provide could be a wise strategy

If he’d been done in the last 10 years then he wouldn’t have got away with 12 months. The penalty starts at 3 years.

[Bone Rat]

refuse to provide a sample & it's a DR30 conviction & a load of hassle down the line as you get put into the High Risk Offenders scheme (HRO) and a medical courtesy of DVLA. Can prolong things a tad...

[matjk]

Could well have been over ten years I guess , it was a while ago I watched it and they re run these shows forever. Makes sense they have tightened up the rules on falling to provide , this guy clearly knew the system . It stuck with me how unfair that he “got away with it”

[Pericoloso]

matjk said:

Watched on of the police programs and a guy had driven into a shop, pissed out of his face but functioning supprisngly well , at the station he blew the highest reading a cop with 26 years experience had ever seen, the DD just said “ow that’s pretty high” it was many times over the limit. He refused to give a second sample, being as they need two they told him he would be charged with failing to provide , he shrugged and went back to his cell. At the end it showed he was given a £120 fine and 12 month ban . It wasn’t his first time ! Same program a young guy got a £800 fine and 18 month ban for being 1.6 times over the limit . I guess if you’re well over falling to provide could be a wise strategy

if you saw that last week ,could be same as what I saw ,he blew 175 ,which as the officer said is exactly 5 times the limit.

[matjk]

Did he refuse to blow a second time?

[pavarotti1980]

matjk said:

Did he refuse to blow a second time?

I can well believe it. Mrs does it all the time

[Psycho Warren]

Shame they cant do them with some k8nd of pcoj type offence to lock them up. At my old workplace some guy got done cor refusing to blow and he seemed to think he wasnt a drink driver and was making out in the workplace he was somehow different to Dd'ers. Really wound him up when i said there is nothing worse than a DD than a dishonest DD which is what failing to provide is. Proper lost his rag. Lol.

[Ed/L152]

I have previously read that blood alcohol level is often still on its way up for some considerable time after the last drink, so an attempt to delay may well be misguided.

[ED209]

matjk said:

Watched on of the police programs and a guy had driven into a shop, pissed out of his face but functioning supprisngly well , at the station he blew the highest reading a cop with 26 years experience had ever seen, the DD just said “ow that’s pretty high” it was many times over the limit. He refused to give a second sample, being as they need two they told him he would be charged with failing to provide , he shrugged and went back to his cell. At the end it showed he was given a £120 fine and 12 month ban . It wasn’t his first time ! Same program a young guy got a £800 fine and 18 month ban for being 1.6 times over the limit . I guess if you’re well over falling to provide could be a wise strategy

Sounds wrong because on the machines we use nobody can see the results until the whole procedure has been completed. Even the cop.

That’s using a camic machine.

[matjk]

It was probably a while ago, as someone has said over 10 years , they showed the whole process from arresting him at the road side to booking him in and having a go on the "big boy" Breathalyzer machine at the station that gives a little print out. I will see if i can find it on youtube but it might not exist anymore,

[Greendubber]

ED209 said:

matjk said:

Watched on of the police programs and a guy had driven into a shop, pissed out of his face but functioning supprisngly well , at the station he blew the highest reading a cop with 26 years experience had ever seen, the DD just said “ow that’s pretty high” it was many times over the limit. He refused to give a second sample, being as they need two they told him he would be charged with failing to provide , he shrugged and went back to his cell. At the end it showed he was given a £120 fine and 12 month ban . It wasn’t his first time ! Same program a young guy got a £800 fine and 18 month ban for being 1.6 times over the limit . I guess if you’re well over falling to provide could be a wise strategy

Sounds wrong because on the machines we use nobody can see the results until the whole procedure has been completed. Even the cop.

That’s using a camic machine.

Ours is the same. Lion machine, only gives results at the end.

[Derek Smith]

The policy in my force was not to charge for failure to provide at scene if they provide at the station. It would be mentioned in evidence if they went for trial.

[Dr Jekyll]

Derek Smith said:

The policy in my force was not to charge for failure to provide at scene if they provide at the station. It would be mentioned in evidence if they went for trial.

What if the station result was negative?