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;
- The police officer stops the driver and has a reasonable suspicion that the driver has consumed alcohol and is driving (RIDE Spot Checks)
- 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
- Refused Roadside Test, or
- Refuse Breathalyzer Test
The penalty for refusing to supply a breath sample is,
- A conviction for Refuse to take a breathalyzer tests means;
- the loss of driver's licence for at least one year,
- a criminal record and Insurance increase of thousands of dollars per year
- mandatory alcohol and drinking and driving counseling
- 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;