Failure or Refusal to Provide a Breath Sample

Navigating DUI Charges: Understanding the Consequences of Refusing a Breathalyzer Test
Refusing to submit to a breathalyzer test is a crucial choice that can have serious consequences for those accused of DUI and impaired driving.
While some individuals may perceive a right to decline a breathalyzer test when approached by law enforcement, it is essential to recognize the potential ramifications of such a decision. As outlined in Section 320.15 of the Criminal Code of Canada, refusal to provide a breath sample upon request by a police officer can result in criminal charges.
Refusing to submit to a breathalyzer test may appear advantageous to some drivers, but in reality, it seldom proves beneficial. Compliance with a breathalyzer request from law enforcement is mandated under legal authority.
Our team of DUI attorneys is dedicated to providing robust defense and expert counsel for clients who have refused to submit to breathalyzer tests. We are here to guide you through this complex legal process. To discuss your case with one of our attorneys, please call 905-798-3776.
Reasons to Accept a Breathalyzer Test Without Refusing It
It is generally advisable to provide a breath sample rather than refuse a breathalyzer test, as: When a motorist declines to take a breathalyzer test, the defense will typically focus on several critical points:
Did the accused have a valid excuse for declining?
Were the cops justified in requesting a breathalyzer test?
Did the accused refuse to give the police a breathalyzer test without a valid reason?
Did the accused understand the full ramifications of declining the test?
Penalties for Refusing the Breathalyzer Test
In Ontario, refusing to take a breathalyzer test is penalized just as severely as failing one.
Drivers who are found guilty of or enter a guilty plea to resisting a breathalyzer test may be subject to the following penalties:
Criminal Record: Under Canadian law, refusing to take a breathalyzer test results in a permanent criminal record. This record can adversely affect various aspects of life, including travel, employment opportunities, immigration status, and educational goals.
Penalties: Upon conviction, first-time offenders typically face fines of around $1,000, but the penalties can be more severe depending on the specifics of their case.
Licence Suspensions: Drivers convicted of their first DUI offence face a one-year licence suspension. For a second offence, the suspension extends to three years. A third offence results in a lifetime ban, with the possibility of readmission after ten years. Fourth-time offenders receive a permanent licence revocation, with no opportunity for reinstatement.
Mandatory Alcohol Testing: If found guilty of crimes involving alcohol or drugs, the court will order the treatment of substance misuse.
Back on Track Program Requirement: In accordance with the Highway Traffic Act, anyone convicted of driving while intoxicated or having two or more administrative suspensions must complete Ontario's Back on Track program to renew their licence. The program costs approximately $894.
Impact on Insurance: Drivers convicted of refusing a breathalyzer test can expect a significant increase in their insurance premiums. Insurance companies consider individuals with a history of intoxication to be higher risks for accidents.
Fighting Charges of Refusing Breathalyzer Tests
Occasionally, errors can occur in police procedures, and being charged does not necessarily equate to guilt. It is possible to challenge charges of refusing to submit to a breathalyzer test, as there are alternatives to a guilty verdict and subsequent licence suspension.
Although the charge may appear straightforward—whether the motorist provided a breath sample or not—there are complex legal requirements to establish guilt.
For instance:
Were the police legally entitled to request the breathalyzer test?
Did the police provide a clear explanation of the driver's responsibilities?
Did the driver understand what the police had told him?
Did the accused get a chance to speak with an attorney?
Did the accused person's rights get in the way of the interaction with the police?
It is the duty of the police to guarantee that drivers:
Recognize the reason behind the breath sample request.
Are aware that noncompliance has legal repercussions.
Get the right instructions for giving the sample of your breath.
Are afforded a rational chance to confirm.
However, these processes are often conducted improperly. If the accused did not fully understand the circumstances, or if the police failed to provide a clear explanation or a fair opportunity to submit the breath sample, these factors may be used as a defense against the charge.
It is your right to bring your case before a court, who will then fairly consider the evidence and render a ruling.
Definition of Refusal to Submit to a Breathalyzer Test
A police officer may request breath samples for alcohol concentration testing if they have reasonable grounds to believe that a person operating a motor vehicle was driving while intoxicated within the past three hours. Refusing to comply with this request without a valid justification constitutes a violation of section 320.15.1 of the Criminal Code of Canada.
When can the police demand a Breathalyzer Test
A police officer must satisfy certain criteria to legally request a breathalyzer test. This includes witnessing the driver operating a motor vehicle, believing that the driver was in control of it, or having reasonable grounds to suspect that the driver has been consuming alcohol.
The driver is legally required to cooperate with the officer's request to submit a breath sample for a breathalyzer test and It is illegal to refuse a breathalyzer test that a police officer has legitimately requested.
Present your case to us for expert assistance. Contact RRM Law today to fortify your argument.