Criminal Law

3 Things That Can Happen If You Fail to Provide a Specimen While Under the Influence

Police Breathalyzer DUI

We are guided by laws that govern the people of a country and they should be respected and adhered to. Suspicion of being under the influence while driving or attempting to do so is an offense that can land one into deep trouble and if you fail to provide a sample when asked by an officer in uniform, it is also a serious offense. When you have been pulled over by an officer, he or she has the right to ask for a sample if the officer has a good enough reason to suspect that you are under the influence. An officer can request for over the road breath-screening sample or at the station where you can be subjected to a breathalyzer to test your breath for the amount of alcohol content. Blood or urine can also be asked as a specimen for conclusive analysis to determine if you are under the influence. Failure to provide a specimen for sobriety test can lead to:

1. Your driver’s license being suspended or revoked

If it is the first time to be charged with this offense, your driver’s license is suspended for a year and there are is fine. If it is the second time, the driver’s license is suspended for a minimum of three years and if it is a third time or subsequent then a suspension of not less than six years and a fine accompanied with it is imposed.

2. Earning a time sentence from the court

If you fail to provide a specimen for no good reason. The officer has the right to charge you with driving or attempting to drive under the influence under the traffic rule act and you are scheduled for a court hearing. The prosecutor has reason to believe that you refused to give the specimen because you were guilty of the crime. The court passes on the judgment and you can do a sentence of a minimum of one month to six months if there is no other charge associated and longtime sentence if you had committed another offense.

3. A drinking and drugs abuse rehabilitation program

This program is for those who are addicted to drinking alcohol and misusing drugs and it is a problem to them and the society at large. If you have been asked for a specimen by an officer for test of influence and you refuse and yet you are on record for numerous similar cases then, the court can see it fit to enroll you in the rehabilitation program or even if it is your first time and you seem to be so deep under influence.

Failing to provide a specimen for the first time when requested by an officer in uniform then later providing the specimen can be taken as an offense and land you into the same trouble. The officer decides which type of specimen to take. He is also supposed to ask for your permission and you must cooperate. If one has a good reason approved by a qualified medical officer so as not to provide a specimen then you can be exempted and your penalties are reduced.

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Aaron Gordon is a writer for various blogs.

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