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

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 12 months driving ban 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 motoring offence you will need the knowledge, expertise and support of a solicitor who understands, we can help. Please contact Brian Koffman & Co on 0161 832 3852 or submit an enquiry and we will call you back.