Criminal Lawyer

Refuse Breathalyzer Test- Criminal Code of Canada 254,5

Refusing a Breathalyzer Test

A police officer may demand that a driver complies with a police officers request for a driver to take a breathalyzer test. The police officer may make this demand when;

  1. The police officer stops the driver and has a reasonable suspicion that the driver has consumed alcohol and is driving (RIDE Spot Checks)
  2. The police officer arrests the driver for Impaired Driving

When requested to lawfully supply a sample of breath for the purposes of obtaining a breathalyzer reading every driver must comply with the officers demand. If the driver does not comply with the demand of the police officer the officer may arrest the driver for

The penalty for refusing to supply a breath sample is,

  1. A conviction for Refuse to take a breathalyzer tests means;
  2. the loss of driver's licence for at least one year,
  3. a criminal record and Insurance increase of thousands of dollars per year
  4. mandatory alcohol and drinking and driving counseling
  5. If your job involves driving, you may lose your livelihood. The cost to reinstate your drivers licence after conviction is approx $3500.00


More Impaired Driving Information;

Refuse Breathalyzer Test
Drive Over 80 Mgs
Penalties for Impaired Driving and Drinking and Driving Offences
The Police Investigation for Impaired Driving
Impaired Driving Charges and the Crown Attorneys office