Refuse Breathalyzer Test

Refuse Breathalyzer Tests

Nicholas Charitsis is a Toronto lawyer specializing in drinking and driving (DWI) and refuse breath test charges in the Toronto and area courts.

Consultations are conducted at no charge by calling 416-878-2275 or contacting our office.

Can I Refuse a Breathalyzer Test?

Any driver can refuse a breathalyzer test if they wish to do so.

If the driver does refuse to take the test the police can charge the driver with the criminal offence of “Refusing a Breathalyzer Test”.

The penalty for refusing the breath test is the same penalty as if the driver took the test and failed.

Usually it’s is in the best interest for the driver to comply with the demand and provide a sample of breath because;

  1. The driver may pass the test.
  2. The breath tests give another area to dispute the charge.
  3. Low breathalyzer readings may make the driver eligible for reduced charges.

Where a driver refuses to take the breath test the defence will deal with the issue of whether or not the police had a right or the grounds to demand a breathalyzer test and did the accused fail without lawfully authority to provide the breath test to the officer.

Fighting Refuse Breathalyzer Test Charges

I always advise my clients, just because you have charged you it doesn’t not mean you are guilty.

Although the charge may seem straight forward in that the driver either “did or did not provide a breath sample”, there are legal issues that must be prove to convict a driver of this charge.

It’s your right to have a judge hear your case and make and impartial decision based upon the facts.

It’s for the judge to decide if everything was done properly and legally, and did the accused have a legal explanation as to why they didn’t or were unable to take the breath test.

The police have a legal responsibility to ensure that when they demand a breathalyzer test that the driver understands what they are required to do, and the implications if they do not comply.

Many times this is not done properly.  If the accused did not fully understand, or the police did not explain properly or give the driver a reasonable opportunity to provide the breath sample, then this can become a defense to the charge.

As a criminal defense lawyer having represented over two thousand (2000) cases drinking and driving charges, I consider myself one of Toronto’s experts in defence of charges involving breathalyzer tests. I have the experience and trial knowledge to win your refuse breath test charge.

The Police May Demand a Breathalyzer Test When;

The police must have the lawful authority or grounds to demand that a driver provide a sample of their breath.  A breathalyzer test maybe demanded when a police officer;

  • observes the driver driving a motor vehicle, and
  • smells the odour of an alcoholic beverage on the drivers breath, or
  • asks the driver if they have consumed alcohol and the driver admits that they have consumed alcohol prior to driving.
  • has arrested the driver for impaired driving, and
  • has reasonable and probable grounds to believe that the accused ability to drive has been impaired due to the consumption of an alcoholic beverage.

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

Refusing Breath Test Penalties

The penalty for refusing a breathalyzer test in Ontario is the same as if the driver took the test and failed.

The charge of refuse breathalyzer test has the following penalties;

  • mandatory drivers licence suspension for at least one year,
  • a criminal record for life
  • a fine between 1000 and 2000 dollars
  • insurance increase of thousands of dollars per year
  • mandatory alcohol and drinking and driving counselling
  • you may lose your livelihood, loss of employment, if you cannot drive
  • the cost to reinstate your drivers license after conviction is approx. $3,500.00

Fighting Refuse Breath Test Charges

The police do make mistakes and they don’t win every case.

Charges for refusing a breathalyzer test can be won. Many times there are defences, compromises and solutions other than being found guilty and losing your license.

When you discuss your charge with me, a lawyer with years of trial experience, you’ll learn that I can help you.

When it comes to fees, I am one of the most affordable lawyers in Toronto. You don’t have to pay the whole fee up front and I offer payment plans to fit your situation. A reasonable deposit gets me working to fight your case.

I offer a free initial consultation to discuss your case in detail, either at my office or a place convenient to you. Contact me to discuss your case free of charge.

Drive over 80 Lawyer Nicholas Charitsis

Refuse Breathalyzer Tests

Criminal Law Practice

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Keron Keir
20:28 16 Nov 17
The best damn lawyer in the city. Got me out of many jams. ALWAYS comes through. Not cheap but worth every penny. You cannot put any price on FREEDOM. He's my man.
Samuel Arutsothy
15:09 07 Nov 17
This is the honest to God truth. You get what’s you pay for. With Nicholas Charitsis his fees were high but the results were worth it. My DUI and Domestic cases were both dropped after I hired him to represent me. Other lawyers were quoting lower fees but couldn’t guarantee the results. With Nicholas I had my mind at ease because he promises everything would be dropped. I’m sure glad I trusted him because it made the entire process easy and painless. He attended all of my Court dates and updated me every step office the way by regular and consistent emails. His law clerk Montana is incredibly helpfully and pleasant. The only criticism I have is that if you want to speak with Nicholas directly on the phone it takes a few days for him to return calls. It’s a small price to pay for the excellent results he delivers. Even though Montana is always available to answer questions about the case sometimes it feels better to get the news from the man himself. Obviously he’s so busy for a reason. Nicholas truly is the bests criminal lawyer in Toronto.
Marcos Pangilinan
04:32 05 Nov 17
A very good lawyer to have. Very helpful staff. I had no doubts on the positive outcome of my matters being handled by Mr. Charitsis and Ms. Montana.
Gina Rock
20:55 11 Oct 17
Nicholas is a fantastic lawyer, not only was he extremely professional and knowledgeable but also compassionate. He genuinely cares about his clients and works hard to help them. He doesn't "sugar coat" and give false hope but instead fights to give his clients the best outcome! I highly recommend him. He is well worth the cost, with Nicholas representing you you will never feel like just a number, he takes pride in what he does and does it very well. I can't say enough... Thank you Nick for everything!
Robad Panamo
15:22 20 Sep 17
Nicholas is the best lawyer in Toronto. He worked hard to drop all of my friends charges. The crown attorney was trying hard to put him in jail. Even at the trial after the case was dismissed Nicholas approached the police officer that charged my friend to get his name cleared after the domestic assault trial finished all charges dropped. We then got the person who made up the charges arrested for Fraud. Wow I can't believed how amazing Nicholas is!
martin urraburu
21:37 27 Jul 17
Studying to become a paralegal and with my acceptance to law school, it has never been more thorough and understanding with the advice and pointers of Nicholas Charitsis. Being one of Toronto's top Criminal Defence Lawyer's he knows his clients and the Law. His high quality negotiating traits have earned his client's great success in and outside the courtroom. An all around gentleman gives his client's the comfort they need while undergoing such stress a criminal charge can bring into someone's life. You need experience and dedication to take on such challenging situations, and Nicholas Charitsis will demonstrate that in his practice of criminal law. I recommend that if anyone out there has any case involving the justice system to give his office a call, he will work around the clock to help you move on. From resolving your matter to destroying your finger prints after your issue has been dealt with. Call the Law office of Nicholas Charitsis.
Robina Cheema
15:45 27 Jul 17
Nick is the BEST criminal defense lawyer in Toronto. He's very knowledgeable and get's things done. The judges all know him and respect him. The Best decision I made was to hire him as my lawyer. His fees were worth every penny to clear my name from the police records. I would highly recommend Nick if you're in Need if the BEST criminal lawyer.
Konstantinos Papatolikas
19:17 28 Jun 17
You will never meet a more honest individual who actually cares about people and puts his clients first. I went to see Nicholas about a criminal charge that I was stressing over for months. He came up with a solution right away. He didn't even charge me for his time. I should have gone to see him sooner than I did because I left his office feeling calm and confident about my situation. I eventually hired him and he was able to get all of my charges dropped. I would recommend him to anybody in need of the best criminal lawyer.
Survivor 101
04:02 28 Jun 17
From the start Nicholas had his word . He promised me everything will be okay and we will get those charges gone . He stuck with his word and he fought for me . I had false accusations against me for something I didn't even do . I endured the pain and suffering for months, at times I felt hopeless. Some nights I couldn't even sleep. Nicholas was reassuring , clear , and confident . He knew what he had to get done and he did . If you have any case leave it to him ...you will not be disappointed. The most rewarding part for him is helping people out of his own good heart like he helped me . I would also like to thank his law clerk Montana for being so patient and understanding . Thank you Nicholas Charistis to you for giving me my life back .
nick petrou
16:55 23 Jun 17
This is how good Nicholas Charitsis is: Today he got my case thrown out at the old city hall court. He literally explained the law to the judge and the prosecutor and took complete control of the process. I was sitting in the courtroom thinking this guy is THE MAN and he's MY LAWYER . I couldn't have been happier. By hiring him I got piece of mind and excellent results. Had to switch lawyers from another firm until I found him. Thank goodness I did!
Susan Khalili
12:59 02 Jun 17
I was arrested for DUI and foolishly thought that I could deal with the case on my own. After several useless court appearances and getting ridiculed by a judge it was time for me to hire the services of a professional. I searched and searched until I found the best rated DUI lawyer in Toronto. I called the law offices of Nicholas Charitsis and was greeted by his friendly assistant Montana Brown. She was able to set up a meeting with Nicholas within 24hours. When I arrived at his office there was a bit of a wait since Nicholas was running late with his other meetings. His assistant was very pleasant and made me feel extremely comfortable while I was in the waiting room. Nicholas then came out to greet me and brought me into the meeting room. He was polite and very professional. He meticulously walked me through the process of my criminal case by mapping everything out on a large whiteboard. He explained each and every step of what he would do and how long it would take to do it. It was amazing! I felt completely informed and finally knew what to expect for the case. After everything was said and done my charges were dropped and I saved my driver's licence. Nicholas is truly the best DUI lawyer out there. All of the positive reviews are completely true.
Helen Wu
22:14 02 May 17
I have to say that I am very happy that I hired Nicholas for my domestic assault case. This is my honest review. I found Nicholas very approachable and likeable. After interviewing several lawyers before him, I decided to hire Nicholas the same day I met him. He had a lineup of clients waiting for him, which I liked because it gave me confidence that he was a good lawyer. He wasn't on call for me all the time but I found him to communicate fairly effectively. He would sometimes respond to my e-mails at late hours, which is something I found to be very good because it showed him to be a hard worker. Sometimes I needed to contact him a couple times because he was busy but it ended up being ok. It was definitely a small sacrifice. He did communicate very well in general. He has an amazing memory and somehow remembers my case when I speak to him on the phone without him even having his notes. His work is top notch. He really takes the time to make sure everything is in order. I am very satisfied.
Karen Singh
23:23 25 Apr 17
Nicholas has helped me and family out a few times in the past. He's always easy to get a hold of and ready to help out when we need him. His fees are reasonable and he is completely honest about what the outcome will likely be. Each time I've used him, Nicholas has exceeded my expectations with the results. My family and I trust him 100% and would recommend his office without hesitation. He's the best lawyer in the 905 and 416 for sure.
Bryson Hood
14:57 13 Apr 17
This guy is awesome. I had 9 prior convictions for driving under suspension and a new charge of dangerous driving. I don't know how he did it but Charitsis kept me out of jail. He is an incredible lawyer. When we finished my case at the Newmarket court his colleagues were giving him high fives for getting the result that he did in my case. I should also mention that his assistant Montana is extremely helpful and pleasant. She talked me through the whole ordeal and made me feel safe and confident that Nicholas would come through for me. I give him all the credit for solving this terrible situation I was in. He is worth the extra costs
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