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Fail to provide specimen for analysis (drive/attempt to drive)

Road Traffic Act 1988, s.7(6) · Magistrates

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Sentencing framework

The guideline structures sentencing by first determining the offence category based on culpability and harm. Each category has a corresponding starting point and range for sentences. Aggravating and mitigating factors are then assessed, leading to a tailored sentence that reflects the specifics of the offence and offender.

Maximum sentence

Unlimited fine and/or 6 months

Court

Magistrates

Offence range

Band B fine - 26 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Failure to comply with current court orders
  • ·Commission of an offence while subject to a relevant court order

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity (applicable to offenders aged 18-25)
  • ·Sole or primary carer for dependent relatives
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Totality principle
  6. Step 6 — Consider ancillary orders
  7. Step 7 — Reasons
  8. Step 8 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • The Court should determine the offence category using the factors present. Disqualification for driving will also apply after sentencing.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.