| Don't ever refuse breath test |
If you refuse a breath test you are likely to be prosecuted.
So even if you know you were not driving but the police believe you were, they request may you to give a breath test. If you refuse , you will be charged with the offence and will be convicted.
The range of defences for failing to provide a specimen are limited and largely restricted to circumstances where a person is physically unable to provide sufficient breath in a way that allows the test to be completed. This is often referred to by the public as “medical excuse”, or by lawyers as “reasonable excuse”, and is most likely to be raised in the context of a driver suffering from asthma.
Reasonable excuse could also arise where the mouth piece was faulty and hindered your efforts to provide, in the case of breath cases.
It is not sufficient to assert that you have not consumed any alcohol. However, an inability to understand what is required of you at the police station and the procedure used may amount to a reasonable excuse where this is because of a limited command of English. This will not work where an inability to understand is because you are too drunk.
The case law and legislation in this area is complex and if prosecuted for this offence it is absolutely crucial to obtain specialist legal advice at the earliest opportunity.
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