Failing to Provide a Specimen (Section 7(6) Road Traffic Act 1988)

Road Traffic Act 1988, s.7(6)

Summary only
6 months' custody or a level 5 fine or both where the specimen was required to ascertain ability to drive or the proportion of alcohol or of a specified controlled drug at the time the offender was driving or attempting to drive; in any other case 3 months' custody or a level 4 fine or both

Definition

A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence. (Road Traffic Act 1988, s.7(6)) In the course of an investigation into whether a person has committed an offence under section 3A, 4 or 5 of this Act a constable may, subject to the following provisions of this section and section 9 of this Act, require him (a) to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or (b) to provide a specimen of blood or urine for a laboratory test. (Road Traffic Act 1988, s.7(1)) In the course of an investigation into whether a person has committed an offence under section 5A of this Act a constable may, subject to subsections (3) to (7) of this section and section 9 of this Act, require the person to provide a specimen of blood or urine for a laboratory test. (Road Traffic Act 1988, s.7(1A)) "Fail" includes refuse. (Road Traffic Act 1988, s.11(2))

Points to prove

A person
required by a constable to provide a specimen of breath, blood or urine
in pursuance of s.7, in the course of an investigation into whether he has committed an offence under s.3A, 4, 5 or 5A
fails (which includes refuses) to provide it
without reasonable excuse

Failing to Provide a Specimen is an offence under s.7(6) Road Traffic Act 1988. A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of s.7 is guilty of an offence (s.7(6)); "fail" includes refuse (s.11(2)). The requirement may be made in the course of an investigation into whether a person has committed an offence under s.3A, 4 or 5 (two specimens of breath for analysis by an approved device, or a specimen of blood or urine for a laboratory test, s.7(1)) or under s.5A (a specimen of blood or urine, s.7(1A)). A constable must, on requiring any person to provide a specimen, warn him that a failure to provide it may render him liable to prosecution (s.7(7)). Maximum sentence on summary conviction: where the specimen was required to ascertain ability to drive or the proportion of alcohol or of a specified controlled drug at the time the offender was driving or attempting to drive, 6 months or a fine at level 5 on the standard scale or both, with obligatory disqualification and 3 to 11 points; in any other case, 3 months or a level 4 fine or both, with discretionary disqualification and 10 points (Road Traffic Offenders Act 1988, Schedule 2).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. The statutory procedure for requiring a specimen must be followed precisely: any procedural error may render the evidence inadmissible. The officer must explain that failure to provide may render the person liable to prosecution. "Reasonable excuse" is a matter for the court: medical conditions may constitute a reasonable excuse, but the burden is on the defendant. Officers should record the precise words used when requiring the specimen and the suspect's response verbatim. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Related offences

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Summary only
Maximum sentence: 6 months' custody or a level 5 fine or both where the specimen was required to ascertain ability to drive or the proportion of alcohol or of a specified controlled drug at the time the offender was driving or attempting to drive; in any other case 3 months' custody or a level 4 fine or both
Act and section: Road Traffic Act 1988, s.7(6)
Power of arrest: A constable may arrest a person without warrant if the person fails to provide a specimen of breath when required to do so in pursuance of this section, and the constable reasonably suspects that the person has alcohol in his body (Road Traffic Act 1988, s.7(5A)). A constable may also arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence; and if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it. That power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons in s.24(5) it is necessary to arrest the person, those reasons being to ascertain the person's name or address, to prevent the person causing physical injury to himself or any other person, suffering physical injury, causing loss of or damage to property, committing an offence against public decency or causing an unlawful obstruction of the highway, to protect a child or other vulnerable person from the person, to allow the prompt and effective investigation of the offence or of the conduct of the person, or to prevent any prosecution for the offence from being hindered by the disappearance of the person (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
Search on arrest: A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer, and a person who fails to comply is guilty of an offence (Road Traffic Act 1988, s.163(1) and (3)). If a constable reasonably suspects that a person is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place and has alcohol or a drug in his body or is under the influence of a drug, or has been doing so and still has alcohol or a drug in his body, or is or has been doing so and has committed a traffic offence while the vehicle was in motion, or where an accident occurs owing to the presence of a motor vehicle on a road or other public place and the constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time, the constable may require the person to co-operate with any one or more preliminary tests; a constable may administer a preliminary test by virtue of subsections (2) to (4) only if he is in uniform (Road Traffic Act 1988, s.6(1) to (5) and (7)). A requirement to provide specimens of breath may be made only at a police station or a hospital, where s.6(5) applies, or by a constable in uniform (Road Traffic Act 1988, s.7(2)); a requirement to provide blood or urine can only be made at a police station or a hospital, and at a police station only in the cases listed in s.7(3) (Road Traffic Act 1988, s.7(3)). A constable may search a person arrested at a place other than a police station if he has reasonable grounds for believing that the arrested person may present a danger to himself or others, and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence, to the extent reasonably required and only where the constable has reasonable grounds for believing that the person may have concealed such a thing on him (Police and Criminal Evidence Act 1984, s.32(1), (2)(a), (3) and (5)). Entry and search of premises after arrest under s.18 applies only to a person under arrest for an indictable offence and so does not apply to this summary offence (Police and Criminal Evidence Act 1984, s.18(1)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged (Police and Criminal Evidence Act 1984, s.41(1)); the 24 hours run from the relevant time, which in the ordinary case is the time at which the person arrives at the first police station to which he is taken after his arrest (s.41(2)(d)), and a person who is still in police detention and has not been charged at the expiry of 24 hours after the relevant time shall be released at that time, on bail if the pre-conditions for bail are satisfied or without bail if they are not (s.41(7)). The extensions in ss.42 to 44 do not apply to this offence: authorisation of continued detention up to 36 hours by an officer of the rank of superintendent or above (s.42(1)(b)) and a magistrates' court warrant of further detention and any extension of it (ss.43(4)(b) and 44) each require that an offence for which the person is under arrest is an indictable offence, and this offence is triable only summarily (Police and Criminal Evidence Act 1984, ss.42(1), 43(4) and 44(1)).
Source: www.legislation.gov.uk/ukpga/1988/52/section/7