c. Drink driving vs failure to provide a specimen
It should now be obvious that the penalty for failure to provide a specimen is equivalent to or more serious than that for drink driving. This arrangement is most sensible because it would be contrary to the intent of the law if a driver could avoid disqualification and/or imprisonment by refusing to give a sample of breath, urine or blood. The Court has pointed out in various cases that the penalty for failure to provide specimens of breath, urine or blood should have sufficient deterrent effect, so that no one can try to avoid the drink driving offence by deliberately failing to provide a specimen.
