Breath Samples and Failing to Supply a Breath Sample (DR70 Conviction)

What is a DR70 conviction? 

A DR70 Conviction or a DR70 DVLA endorsement Code is issued to a driver where an initial breath test has been refused. The roadside breath test is the standard initial screening process for anyone stopped by the police when driving and suspected of being over the legal limit for alcohol consumption. The roadside breath test is the first piece of analysis the Police will undertake to ascertain whether you have been drinking, and if so, to what degree.

Irrespective of any additional drink-drive charges, refusal to co-operate with the police and refusal to provide the Police with a breath test sample is an offence under section 6 of the 1988 Road Traffic Act. If for any reason you have been stopped by the Police whilst driving and have refused to provide them with a breath sample it is vital for you to talk to one of our leading drink driving solicitors immediately

The police can ask a driver to take a breath test if they have reasonable suspicion:

  • They have been drinking
  • They’ve committed a moving traffic offence
  • They’ve been involved in a road traffic accident

If you refuse to take a breath test or fail to supply a sample of breath and don’t have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample of breath. 

The breath test gives a result straight away. If it shows you’re not over the drink-drive limit, you may be allowed to go. If however, you are found to be over the limit, you will be taken to a police station to provide a further breath sample on an intoximeter. If you fail this breath test you will be charged. The UK breath alcohol limit is currently 35 micrograms per 100ml of breath.

The offence of driving or attempting to drive when over the limit is known as a DR10. The offence for failing to provide a breath sample is known as a DR70. If convicted you could face:

  • A minimum of 12 months disqualification from driving or minimum 3-year ban if you have a previous relevant drink driving conviction within the past 10 years.
  • The possibility of a spell in prison of up to 6 months in serious cases.
  • Your car insurance premiums will be higher when you get your driving licence back, for a minimum period of 5 years after a drink driving related conviction.

 How we can help

If you have been charged with ‘failing to provide a breath sample’, or a test on you was found to be positive we can help. Our knowledge and expertise will ensure we reach the best possible outcome for you.

Brian Koffman & Co are specialist motoring offence solicitors and have years of experience in handling cases like these.

Contact us today

If you have been charged with a failure to supply a breath sample under suspicion of drink-driving. You will need the knowledge, expertise and support of a leading Driving Offence Solicitor who understands the law fully, we can help. 

Motoring Offence Solicitors offer the very best privately funded Drink Driving Defence representation to clients in Manchester and across the whole of the UK.  Call our team today on 0161 832 3852 or complete the enquiry form on the right-hand side of this page: