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DR30 Fail to provide conviction?

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DVLA Endorsement Code: DR30 (Fail to provide an evidential specimen for analysis after driving or attempting to drive) Magistrates Sentencing Guidelines

DVLA Endorsement Code: DR31 (Refusing to give permission for analysis of a blood specimen that was taken without consent due to incapacity after driving or attempting to drive) Magistrates Sentencing Guidelines

(the above endorsements remain on a driving licence 11 years from date of conviction)

DVLA Endorsement Code: DR60 (Fail to provide an evidential specimen for analysis in circumstances other than driving or attempting to drive) Magistrates Sentencing Guidelines

DVLA Endorsement Code: DR61 (Refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity in circumstances other than driving or attempting to drive) Magistrates Sentencing Guidelines

DVLA Endorsement Code: DR70 (Failing to provide a preliminary roadside specimen of breath) Magistrates Sentencing Guidelines

(the above endorsements remain on a driving licence 4 years from the date of offence)

A deliberate refusal to provide a specimen for analysis is a failure to provide

A police constable can only require a motorist to provide a sample of breath for analysis by a breath testing device approved by The Secretary of State (Home Office).

Failure to provide a specimen for analysis also includes a refusal, as if a person refuses to provide a specimen, he subsequently fails to do so.

A person also fails to provide a specimen, in the case of a breath specimen and in the absence of a reasonable excuse, if he does not provide sufficient breath for the analysis to be carried out or if he provides a breath sample in such a way that the object of the analysis can not be satisfactorily achieved.

Approved breath testing devices allow a suspect three minutes from the time the breath testing machine starts in order to provide a sufficient sample of breath for analysis.


Failing to provide an evidential specimen for analysis after driving or attempting to drive or Being in charge of a vehicle

s. 7 of The Road Traffic Act 1988 [1] makes it an offence to fail to provide, without reasonable excuse, a specimen of breath, blood or urine when required to do so, it states:

7 Provision of specimens for analysis

(1) In the course of an investigation into whether a person has committed an offence [of causing death by careless driving when under the influence of drink or drugs; or driving or being in charge, when under the influence of drink or drugs; or driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit] a [police] constable may ... require [that person]--

  1. to provide two specimens of breath for analysis by means of a device type approved by the Secretary of State, or
  2. to provide a specimen of blood or urine for a laboratory test.

...

(6) 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.


Penalty for failing to provide an evidential specimen while driving or attempting to drive

Upon conviction of failing to provide an evidential specimen for analysis or refusing to give permission for analysis of a blood specimen that was taken without consent due to incapacity while driving or attempting to drive, the following penalties will be imposed:


Minimum Penalty

  1. Relevant driving licence endorsement
  2. A minimum obligatory driving disqualification of at least 12 months
  3. A Band C means tested fine

Maximum Penalty

  1. Relevant driving licence endorsement
  2. A 5 year driving disqualification
  3. A £5,000 fine
  4. 6 months imprisonment

Penalty for failing to provide an evidential specimen in circumstances other than driving or attempting to drive

Circumstances other than driving or attempting to drive include being in charge of a motor vehicle.

Upon conviction of failing to provide an evidential specimen for analysis or refusing to give permission for analysis of a blood specimen that was taken without consent due to incapacity in circumstances other than driving or attempting to drive, the following penalties will be imposed:


Minimum Penalty

  1. Relevant driving licence endorsement
  2. 10 penalty points
  3. A Band B means tested fine

Maximum Penalty

  1. Relevant driving licence endorsement
  2. A 12 month driving disqualification
  3. A £2,500 fine
  4. 3 months imprisonment

All motorists convicted and disqualified for failing to provide an evidential specimen for analysis while driving or attempting to drive or in circumstances other than driving or attempting to drive such as being in charge of a motor vehicle will be classed as High Risk Offenders who must satisfy the DVLA as to their fitness to drive by attending and passing a DVLA medical examination before their driving licence will be returned to them upon expiration of their driving disqualification.


Failing to co-operate with a preliminary roadside test

s. 6 of The Road Traffic Act 1988 [1] makes it an offence to fail to co-operate, without reasonable excuse, with a requirement to provide a preliminary roadside test, it states:

6 Power to administer preliminary tests

(1) If any of subsections (2) to (5) applies a [police] constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

(2) This subsection applies if a constable reasonably suspects that the person--

  1. is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
  2. has alcohol or a drug in his body or is under the influence of a drug

...

(5) This subsection applies if--

  1. an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
  2. a [police] constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

(6) A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.


Penalty for failing to co-operate with a preliminary roadside test

Upon conviction of failing to co-operate with a preliminary roadside test, the following penalties can be imposed:


Minimum Penalty

  1. Relevant driving licence endorsement
  2. A Band B means tested fine
  3. 4 penalty points

Minimum Penalty

  1. Relevant driving licence endorsement
  2. A £1,000 fine
  3. 4 penalty points

No penalty points can be given if the driver is already disqualified, if this is the case then then driver will face more serious penalties for driving whilst disqualified and failing to provide will become an aggravating factor of this offence.

In practice, the prosecution usually agree not to proceed with this charge if the driver is subsequently charged with a more serious offence after being arrested for failing to co-operate with a preliminary roadside test and are required to provide an evidential sample for analysis.

Reference:

[1] The Road Traffic Act 1988

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