Interestingly, there are two types of failing to provide cases. There are those in which the Defendant has failed to provide a specimen of breath whilst in charge of a vehicle and those in which he has failed to provide a specimen whilst actually driving a vehicle. There is a critical difference between the two with the penalty varying drastically. The first of port of call is the magistrates courts sentencing guidelines. These give you a good indication of what type of sentence you are likely to get. Good advice is vital in this type of case.