This is how the law reads.
Failure to co-operate with preliminary test FINE : £1,000 maximum BAN: Discretionary 4 pts for 4 yrs
Driving or attempting to drive when under the influence of drink or drugs PRISON SENTENCE: 6 months maximum FINE: £5,000 maximum BAN: Obligatory — 1 year minimum, up to a maximum of 3 yrs * 3-11 pts for 11 yrs
In charge of a vehicle when under the influence of drink or drugs PRISON SENTENCE: 3 months maximum FINE: £2,500 maximum BAN: Discretionary 10 pts for 11 yrs
Driving or attempting to drive with alcohol concentration above prescribed limit PRISON SENTENCE: 6 months maximum FINE: £5,000 maximum BAN: Obligatory — 1 year minimum, up to a maximum of 3 yrs * 3-11 pts for 4 yrs
DVLA Endorsement Code: DR70 (Failing to provide a preliminary roadside specimen of breath)
In practice, the prosecution usually agree not to proceed with this charge if the driver is subsequently charged with a more serious offence after being arrested for failing to co-operate with a preliminary roadside test and are required to provide an evidential sample for analysis. (IE, failure to provide proof of insurance).
Therefore, as I stated in post #55, if your sure you will 'bag' over the minimum drink driving limit, a refusal is by far the easiest option. No chance of a prison sentence, No obligatory ban, much cheaper maximum fine, less number of licence points, and a lower offence code when you come to re-insure if you do get banned.
Failure to co-operate with preliminary test FINE : £1,000 maximum BAN: Discretionary 4 pts for 4 yrs
Driving or attempting to drive when under the influence of drink or drugs PRISON SENTENCE: 6 months maximum FINE: £5,000 maximum BAN: Obligatory — 1 year minimum, up to a maximum of 3 yrs * 3-11 pts for 11 yrs
In charge of a vehicle when under the influence of drink or drugs PRISON SENTENCE: 3 months maximum FINE: £2,500 maximum BAN: Discretionary 10 pts for 11 yrs
Driving or attempting to drive with alcohol concentration above prescribed limit PRISON SENTENCE: 6 months maximum FINE: £5,000 maximum BAN: Obligatory — 1 year minimum, up to a maximum of 3 yrs * 3-11 pts for 4 yrs
DVLA Endorsement Code: DR70 (Failing to provide a preliminary roadside specimen of breath)
In practice, the prosecution usually agree not to proceed with this charge if the driver is subsequently charged with a more serious offence after being arrested for failing to co-operate with a preliminary roadside test and are required to provide an evidential sample for analysis. (IE, failure to provide proof of insurance).
Therefore, as I stated in post #55, if your sure you will 'bag' over the minimum drink driving limit, a refusal is by far the easiest option. No chance of a prison sentence, No obligatory ban, much cheaper maximum fine, less number of licence points, and a lower offence code when you come to re-insure if you do get banned.