Well Known Member
Yes, that's perfectly normal. Failing to provide is an offence that occurs exactly at the moment you refuse/are unable to provide the sample without reason. Even if you change your mind five minutes later you can still be charged. The idea is to stop people from choosing to provide a sample at a later time when they're more likely to be under the limit without consequence.I am just waiting for the next time i will face the police to find out if they will charge me or not. And about fighting the case and to prove that i drunk after is like p...ing against the wind. As much as i know that i really drunk after, as a reoffender i have 0 credibility.
I am a bit confused about one thing, i may refused when they came into my house to give breath sample but i did at the police station, is it normal to be still charged with refuse of sample ?
You personally don't have to prove that you drank after the offence yet. The burden of proof is initially on the Prosecution. When you raise the defence the police will take details of what you allege to have drunk and at what times, and details including your height, weight, age and gender. They will then request an alcohol technical defence calculation from a toxicologist. If the calculations support your account of drinking after and place you under the limit at the time of driving they typically don't even go to trial.
If the calculations don't support your account, then you are very likely to be convicted. Your only option then would be to hire your own toxicologist to do their own calculations to see if they agree. At that point it starts getting very expensive, however.