When did walking become a Driving Offence?

As part of moving house I had to update the address on my driving licence. And the Driver and Vehicle Licencing Agency kindly sent me a new licence and some information about my licence including a section describing the penalty point codes that I will accrue if I commit an offence. Most of these point codes are exactly what you expect, apart from this one

Code Accident Offence Penalty Points
DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive 10 points

If I read this correctly then I am extremely worried. Imagine the following scenario: I decide, as an adult that I wish to go out and drink a vast quantity of alcohol. I am a sensible (?) and law abiding citizen so I decide not to take my car with me and so after consuming said vast quantity of alcohol I am staggering home. At which point a policeman stops me and wishes to breathalyze me. As I have done nothing illegal I refuse to provide the sample.

According to the information above I will now accrue 10 points on my driving licence as I “failed to provide a specimen”.  I was nowhere near my car so I am clearly “in circumstances other than driving or attempting to drive”. In fact I had conciously decided to not drive my car and yet I am still have the potential to be penalised.

Surely I have got this wrong?


  1. Maybe this is applicable in the case where you are smart enough not to drive, but still dumb enough to try to ride your bike and you hit a little old lady but refuse to let the cops get the proof that you were pedalling under the influence?

    Either that or this is some kind of alien abduction conspiracy — cooperate with the aliens you get 10 pts off your license…


  2. Depends on intent I suppose! EG if you were heard to say in th pub that you thought thath the drink driove laws were somewhat out of date and that you were driving home regardless of the state that you were in then the PC may have grounds for stopping you.


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