Failed Breath Test Offence Lawyers
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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.

Thanks so much 100% recommend to anyone looking for representation
Originally we were looking at a potential driving ban, a minimum sentence of community service, plus a fine and interviews with the traffic commissioner. On the day of the hearing the Crown Prosecution wanted all of the former, which would have meant the end of a driving career and the loss of livelihood.
On the eleventh hour and fifty nine minutes literally as we were walking into court, Brian managed to secure a deal with the prosecution which led the judge to serve up five points on the licence and a fine, all of the other charges were dropped.
Such a massive relief after nearly a year of worry and angst. If you need a solicitor that specialises in motoring offences Mr Koffman is the man you need, so ring him. I mean it ring him!
Thanks to Brains excellent representation, I won my case, keeping my licence and was rewarded £750 towards my costs.
Would highly recommend
Cheers
Nick
Excellent legal advice, excellent and professional customer service, outstanding legal representation. I would have no hesitation at all in recommending them to anyone who needs their services.
My sincere regards to the entire team at Brian Koffman&Co Solicitors
Both himself & his assistant were both very helpful and very reactive to both phone calls & email.
I had no prior experience of attending court, however Brian made me feel at ease as to what to expect.
The case in which I was involved, was quite complex, however his professionalism and attention to detail made sure I received the best possible outcome.
I would recommend him to others
Should you require assistance with a driving offence Brian is the person to hire.
Professional, meticulous, leaves nothing to chance.
Thank you Brian
Results from this would have been:
Banned from driving
Loss of job
Loss of house
Wedding cancelled
Honeymoon cancelled
The results would have ruined my life.
One email and meeting with Brian and all this was sorted. Completely stress free and both him and his assistant were amazing.
Couldn't rate them high enough
Thank you.
His knowledge is this area is amazing and the the advice he gave me put my mind at rest and made me hopeful that he could resolve the case without me receiving a ban.
Due to covid back log the case was very drawn out but the moment I heard from the courts, Brian was at the other end of the phone and he remembered my case every time, which shows a great personal touch. You wouldn’t get that with a large firm.
Brian managed to resolve the case with reduced points and I am extremely grateful for his help as a totting up ban would have been catastrophic for me.
He was brilliant during what has been a very stressful 8 months.
With a very frustrating case and my case management hearing date changing dates a number of times to my actual trail date changing dates a number of times, Brian was professional throughout and assured me throughout, it was clear from the start brains knowledge and professionalism was going to help me, after nearly three years of this case dragging out we finally got the trail date, and the outcome was outstanding, Brian is in the process of claiming some of my legal fees back which will also be a massive help for me, I couldent recommend Brian enough and would not hesitate to contact again if I needed to, thankyou brain.
Thank you Brian.
Brian decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.
His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.
I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.
Thank you Brian.
It was my first experience of having a penalty of this nature and was looking to instruct a solicitor to gain some advice on the best steps.
He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.
Completely bizarre and rude, with him then hanging up on me.
He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.
In recent months Mr. Koffman has dealt with everything associated with my Fathers case from phonecalls to documentation ect.
Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.
With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!
I cannot recommend him enough, everything was done to perfection and no stone was left unturned.
5* absolutely.
If ever you have a motoring issue Mr. Koffman is the man to see.
We have already recommended him to friends and will continue to do so.
Thank you again Mr. Koffman
He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!
Thanks again Brian.
Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.
Thank you again for helping me.
Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.
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 below.
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They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely amazing value.
Thank you Brian and team.