Refuse Roadside Test-Criminal Code of Canada 254,1

Under Canadian Law, a police officer may stop any motor vehicle at anytime and place (even on private property) and demand that the driver provide a sample of breath under tow conditions.

1. The driver tells the officer that they have consumed alcohol, or;

2. The police officer smells the odour of an alcoholic beverage on the drivers breath.

Once the officer has determined that the driver has consumed alcohol the police officer can make a demand that the driver accompany the police officer for the purposes of enabling a breathalyzer sample to be taken, and every driver must comply with the police officers demand.

If the driver refuses to comply with the officers demand then the police officer may charge the driver with failing to provide a roadside breathalyzer test. The penality for refusing to provide a breathalyzer test is the same penality for if the driver took the breathzlyzer test and failed.

Refuse Breath Test are all criminal offences under the Criminal Code of Canada.

Driving over 80mgs means, not that the driver was intoxicated or drunk, only that;

"The police had a lawful authority to check the blood alcohol level of the driver, and when they did so the level of Blood/Alcohol level was over a reading of .08mgs."

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