Failing to provide a specimen of breath (at the police station) is an offence which carries a minimum 12 month driving ban as per section 7(6) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988. Offenders can go to prison for this offence if it is aggravated.
Sentencing guidelines: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/fail-to-provide-specimen-for-analysis-driveattempt-to-drive-revised-2017/
There is a seperate offence for those failing to provide a preliminary sample (at the road side) This is an offence under section 6(6) of the same act but only carries a penatly of 4 points.
My cient was charged with the former offence and faced. minimum 12 month ban following an guilty plea. On receiving the prosecution papers it became apparent that the evidence did not support the charge. My client was to enter a not guilty plea and was to have a trial later down the line. Fruitful discussions with the prosecutor resulted in the charge being amended to that under 6(6) – failing to provide a preliminary sample (at the road side) – which was actually supported by the evidence. The result? 905 pounds to pay and 4 points.
Dont drink and drive.