When you’re stopped by the police and asked to provide a breath, blood, or urine sample, the law is clear: refusal is an offence. But what happens if you genuinely can’t comply because of a medical condition? Let’s break down the reality behind this often misunderstood defence.
The law in brief
UK legislation allows for a “reasonable excuse” when failing to provide a specimen. Medical reasons fall under this category but only if they genuinely prevent compliance. Simply saying “I wasn’t feeling well” won’t cut it. Courts expect evidence, and the threshold is high.
Physical and mental health – both count
It’s not just physical conditions like lung disease or recent surgery that matter. Mental health can play a role too. Severe anxiety, panic attacks, or phobias (such as fear of needles) have been raised in court. However, these claims must be supported with proof, not just words.
Evidence is everything
If you’re relying on a medical excuse, documentation is key:
- GP or specialist letters
- Hospital records
- Expert reports
Without these, even genuine conditions may fail to convince the court. Case law shows that unsupported claims rarely succeed.
Common misconceptions
- “I was stressed” – Stress alone isn’t enough.
- “I told the officer I couldn’t do it” – Saying you cannot comply without providing the reason as to why is not sufficient.
- “They didn’t check with a doctor” – Police should investigate, but the burden starts with you. The Police will not consult a Health Care Professional if they are unaware of your condition.
Practical steps if you have a condition
- Mention it immediately when asked for a specimen.
- Request medical assessment on the spot.
- Gather supporting evidence as soon as possible.
Recent successes
R v C
Hannah Costley represented a client charged with failing to provide a specimen of breath for a drink-driving allegation. The client disclosed asthma, but the police officer dismissed this as insufficient. At trial, we successfully argued that a healthcare professional should have been consulted before deciding whether the refusal was unreasonable. The District Judge agreed, and the client was acquitted. The client had evidence of his asthma and emphysema. He had also offered blood instead of breath which was ignored.
R v J
In another case, Hannah acted for a client accused of failing to provide a blood specimen for suspected drug driving. The client raised needle phobia. A lengthy legal argument followed, focusing on the officer’s statement that “it’s for the court to decide” whether the phobia was genuine. Hannah argued that a healthcare professional should have been consulted before determining whether the refusal was unreasonable. The court accepted this, and the prosecution discontinued the proceedings.
Bottom line
Medical excuses can be successful but only when they’re genuine, documented, and directly linked to your inability to provide a sample.
Contact us today
If you need advice or representation, contact our specialist team in confidence. We’re here to help you navigate this challenging process and secure the best possible outcome.
Get In Touch
Hannah Costley is an Associate Solicitor in our Crime and Regulatory team and has extensive experience advising suspects during police interviews and representing defendants in both Magistrates’ and Crown Courts, Hannah is adept at handling a wide range of cases, including but not limited to serious assaults, sexual assaults/rape, indecent images, drug matters and youth crime. She also has experience with RSPCA prosecutions, University Disciplinary Proceedings, and road traffic offences.
If you would like to speak with Hannah or another member of our Crime and Regulatory team about the above topic, or any other related investigation, please call 0330 111 3131 or complete our online contact form.
