UKI refused a breathalyser test. What happens?
Refusing a breathalyser test without reasonable excuse is a criminal offence in the UK, punishable by a mandatory driving ban, fine, and possible imprisonment.
What the Law Says
The Road Traffic Act 1988 makes it an offence to fail or refuse to provide a breath specimen when lawfully required to do so by the police.
Under section 7 of the Road Traffic Act 1988, a person who fails or refuses, without reasonable excuse, to provide a specimen of breath, blood or urine for analysis when required to do so by a constable commits an offence.
This requirement can be made if the officer has reasonable cause to suspect that you have been driving, attempting to drive, or are in charge of a motor vehicle while unfit through drink or drugs — or that you have committed a moving traffic offence while under the influence.
It is not a defence to say you were not driving at the time — the offence covers being 'in charge' of a vehicle too, even if stationary.
Statutory TextIt is an offence for a person who— (a) has been driving or is in charge of a motor vehicle on a road or other public place, or (b) has attempted to drive such a vehicle on a road or other public place, to fail, without reasonable excuse, to provide a specimen of breath, blood or urine for analysis when required to do so by a constable in accordance with this Part.
— Road Traffic Act 1988, s. 7 — Failure to provide specimen
What to Do
Cooperate fully with police at the roadside and at the station — refusal triggers automatic penalties.
If you believe you have a 'reasonable excuse' (e.g., genuine medical condition preventing breath test), tell the officer immediately and seek urgent medical evidence.
Seek legal advice before answering questions or signing documents — you have the right to consult a solicitor before providing a specimen at the police station.
If charged, plead not guilty only if you have strong evidence of a lawful excuse — courts rarely accept vague or retrospective explanations.
Attend court — failure to do so may result in a warrant and harsher sentence.
Sources
Same Question, Other Jurisdictions
Canada
Ireland
US-California
US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.