If you are unable to provide a specimen of breath due to not being able to provide a sufficient flow of breath into the breath test and a result is not obtained, then no specimen of breath will have been will be provided and this will be considered as a fail.

You are then likely to be charged with the offence of failing to provide a specimen. If you can demonstrate that there was a genuine physical or medical reason as to why they were unable to provide a specimen then this could amount to a defence to the allegation.

If we consider that your failure to provide the specimen was reasonable then we will advise you as to your options. Below is a list of examples of a reasonable excuse that have arisen in cases involving breath specimens that we have dealt with which have given rise to a defence –

• Asthma
• Chest Infection
• Long term smoker
• Small lung capacity
• Anxiety and panic attacks
• A physical injury (ie broken jaw)

It must be stressed that with regard to any medical condition that caused you to be unable to provide a specimen of breath, we would advise that an expert report should be obtained to confirm why your physical or mental condition prevented you from providing a specimen.