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 Criminal Defence team
Speak to one of our Motoring Offences Solicitors
Our Tenacity Results in Success
We represented a teenage client who was charged with murder, two counts of attempted murder, and possession of a firearm with intent to endanger life.
By | Jun 04, 2026
We represented an appellant whose conviction was referred to the Court of Appeal by the CCRC on the basis that there was no jurisdiction to hear one of the counts, as it involved alleged conduct committed outside the UK.
By | May 27, 2026
We represented a client in proceedings where the prosecution sought to invoke the “slip rule” under section 385 of the Sentencing Act 2020.
By | May 21, 2026
Client Testimonials
"Ghazala Parveen was thoroughly professional and very supportive throughout the process of our parole application. Her experience meant that a lot of the stress was taken away from us."
"I just wanted to say a huge thank you [Nick] for everything you have done for D and his case - I truly don’t think we would have had this outcome with anyone else. As soon as the case was with you it felt like a weight was lifted and all the things we were fighting for since the beginning came to light. D is doing so much better & hopefully things will only go up from here - myself and D's family are all so grateful for yours and Madeline’s work."
"You have been fantastic [Atia] - no issues whatsoever, fast responses, kept me up to date and handled every situation perfectly. Would/will use the firm for all future conveyancing. Thank you very much."
“I had heard GT Stewart are good solicitors on the grapevine! However, it was not until I began to engage with them that I realised how brilliant they are. They provided a speedy, efficient and professional service that is open and honest. They got favourable results in all the matters I instructed them on. I have already recommended them to friends of mine who now use them. I would not hesitate to use them again, as they get results!!”
“I wanted to take a moment to thank you both [Max Konarek and Alison Barar] sincerely for the care, attention and professionalism you have shown in relation to this case….For a long time, I felt unheard and dismissed despite repeatedly trying to raise concerns, provide evidence and advocate…Reading the statement you prepared was the first time in a very long time that I felt genuinely reassured and optimistic that the truth may finally be presented properly and fairly before the Court. It gave me confidence that the wider context and reality of [our lives are] finally being understood. I truly believe that truth ultimately prevails and I cannot adequately express how grateful I am to both of you for listening carefully and treating these matters with seriousness and humanity…I appreciate that [my case requires] careful presentation and I trust your professional judgment completely.”