Being asked to use a breathalyser at the roadside or at the police station can be a nerve-wracking experience.
Failing to Provide a Specimen for Drink Driving
The police will rarely be willing to wait for a solicitor to attend, and our clients have to make decisions themselves.
Expert Motoring Offences Solicitors
At GT Stewart Solicitors & Advocates, we understand that being charged with a motoring offence can be stressful, disruptive, and carry serious consequences. From speeding and driving without insurance to more serious allegations such as dangerous driving or driving under the influence, our specialist motoring offences team provides expert advice and representation at every stage of the process.
We guide our clients through police investigations, court proceedings, and potential licence or penalty issues, ensuring that all legal options are carefully considered. Our approach combines practical solutions with a strategic focus on protecting your driving record, liberty, and future.
Whether you are facing a single motoring charge or complex, multiple allegations, our solicitors act quickly to provide clear advice, robust representation, and support tailored to your circumstances.
Experienced Motoring Offences Lawyers
Our specialist motoring offences team has extensive experience representing clients facing a wide range of road traffic matters, from speeding, careless or dangerous driving, to more serious allegations such as driving under the influence or driving without insurance. We provide clear advice and representation at every stage, including police investigations, court proceedings, and licence-related matters.
We can help dramatically improve your chances of being found not guilty or avoiding disqualification. Email GT Stewart at roadtraffic@gtstewart.co.uk to speak with a member of our specialist motoring law team, or use our online enquiry form. We will respond at a time and date convenient to you, ensuring that you receive prompt, personalised advice tailored to your case.
Failing to Provide a Specimen for Drink Driving
You may try to blow, but for a variety of reasons, are unable to register a reading on the machine. You may blow a sample that is over the legal limit. Contact GT Stewart at roadtraffic@gtstewart.co.uk and we will investigate the circumstances of your case thoroughly and look at issues such as:
- Did the police conduct the procedure correctly?
- Did they give you the requirement and warnings as required by statute?
- Is there a medical reason why you couldn’t provide a sample? An independent expert may be able to explain whether you have an underlying medical issue such as asthma which could make it difficult for you to provide a sufficient sample of breath.
- Was the equipment properly calibrated and was it operating correctly?
- Did you eat or drink anything after you stopped driving?
- How long had it been since you drove?
If you fail to provide a specimen of breath, blood or urine you are committing a criminal offence. But there are a number of defences:
The defence of reasonable excuse
The most common defence for failing to provide a specimen is one of a reasonable excuse due to a medical reason. Some examples are:
- Asthma or other respiratory condition (fail to provide breath)
- Anxiety or panic attack (fail to provide breath)
- Needle phobia (fail to provide blood sample)
- Urinary tract infection (fail to provide urine sample)
- Prostate problems (fail to provide urine sample)
We can prepare your defence which will include evidence of a medical condition with the insight of a specialist expert to confirm that your conditions was a direct result of your failing to provide a sample.
Our Services
At GT Stewart Solicitors, our specialist motoring offences team provides clear, practical advice across the full range of road traffic matters. Whether you are facing a speeding allegation, a drink or drug driving charge, or a more serious offence such as dangerous driving, early legal advice can make a significant difference to the outcome of your case.
We understand that for many clients, their driving licence is essential for work, family responsibilities, and day-to-day life. Allegations can carry penalty points, fines, disqualification, or even imprisonment. Our experienced lawyers will assess the evidence, advise you on your options, and build a strong defence where appropriate.
Below you will find guidance on the most common motoring offences we deal with, together with practical information about the legal process and how we can help protect your licence and your livelihood.
Click below to read detailed advice on each motoring offence.
Parking Fines and Offences
Why Choose GT Stewart?
“We will do all the law permits to keep you on the road”
GT Stewart have a proven track record of success with defending driving offences and know exactly how to prepare an effective defence in order to give you the best chance of winning your case.
Our Expert Lawyers are ready to Help
GT Stewart has established itself as a leading firm in the UK, specialising in both private cases and also Legal Aid work.
Meet some of our Motoring Offences team
Speak to one of our Motoring Offences Solicitors
Our Tenacity Results in Success
We represented a client, D, who was unanimously acquitted by a jury at Woolwich Crown Court of multiple allegations of rape and assault by penetration following a five-day trial.
By | Sep 04, 2026
We represented a client who was charged with kidnapping, sexual assault and committing an offence with intent to commit a sexual offence Following a five-day trial at Canterbury Crown Court, he was unanimously acquitted of all charges.
By | Aug 18, 2026
We represented a defendant who was charged with breaking a police officer’s nose in a deliberate assault occasioning actual bodily harm.
By | Jul 28, 2026
Client Testimonials
"GT Stewart are personable, supportive and straightforward and were reassuring throughout"
"I would highly recommend GT Stewart Solicitors & Advocates. From the very beginning, I felt that my case was handled with professionalism, care and a high level of expertise.Ruta and the wider team were extremely responsive, knowledgeable and reassuring throughout what was a very stressful and complicated legal matter. They kept me informed, explained the position clearly and worked hard to achieve the best possible outcome."
"I was so pleased with the fast, efficient service I had, to be honest I couldn't quite believe it. Atia Khan managed to be both utterly professional with faultless admin while staying approachable and incredibly patient. I was very glad she was on my side. Refreshing. I wouldn't hesitate to recommend and have already done so."
"I honestly cannot thank Hasan Khan enough for everything he has done for our family during such a difficult and stressful timeFrom the very beginning Hasan was so supportive and understanding and always made us feel like we were in safe hands"
"I honestly cannot thank Hasan Khan enough for everything he did for my brother and our family during one of the most stressful and frightening periods we’ve ever been through.From the very beginning, Hasan was professional, knowledgeable, calm and, most importantly, genuinely caring. He took the time to explain everything clearly, kept us updated, listened to our concerns and never made us feel like we were just another case."