Refuse Breath Test

Any driver can refuse a breathalyzer test if they wish to do so. You cannot be physically forced to submit to a breathalyzer test.

Where the driver does refuse to take the breath 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, so usually it’s is in the best interest for the driver to comply with the demand and provide a sample of breath because;

• the driver may pass the test
• the breath tests give another area to dispute the charge
• 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 issues of:

• did 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.

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

Where a police officer has reasonable grounds to believe that a person operating a motor vehicle has within the previous three (3) hours,

• committed an offence under section 253 (impaired driving) of the Criminal Code,
• the peace officer may, make a demand,
• requiring the person to provide, as soon as practicable,
• breath samples that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration of alcohol in the person’s blood.

Everyone commits the offence of refusing a breathalyzer test who, without reasonable excuse, fails or refuses a demand made under section 254.1 of the Criminal Code of Canada.

★★★★★  Excellent lawyer!!! Nicholas was a pleasure to deal with. He knows the DUI laws inside and out. Not only did he get my charges dropped but he cleared my name from the police database. I wouldn’t hesitate referring him to my friends and family if any of them were to be charged with DUI or related matters. Jacob C.  Toronto (Google Reviews)

The police do make mistakes and they don’t win every case, just because you have charged doesn’t mean you’re guilty.

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 licence.

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 proven to convict a driver of this charge, for example:

• did the police have the legal right to make the demand
• did the police clearly explain the obligation to the driver
• did the driver understand what the officer was telling them
• did the accused have the opportunity to speak the a lawyer
• were the rights of the accused abused in any way by the police

The police have a legal responsibility to ensure that when they demand a breathalyzer test:

• that the driver understands
• the driver knows what they are required to do,
• the implications if they do not comply,
• the driver was given reasonable opportunity to provide the sample

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 defence to the 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, not the police or the crown attorney. You’re not guilty unless a judge says you are.

You’re not guilty unless a judge says you are, not the police nor the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.

As a criminal lawyer I have years of experience with criminal defence, including refusing to take a breathalyzer test and motor vehicle law. Together with my network of legal professionals I provide legal representation for those looking to do everything possible to win and be properly represented in criminal court.

Experience does count in criminal defence. Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications.  The court knows the criminal lawyers who fight for their clients and present compelling and aggressive defence arguments.

As an impaired driving lawyer my office and associates have helped thousands of people fighting impaired driving and DUI charges (over 4,000 criminal cases and counting). We know being arrested for a DUI (driving while impaired) is devastating, affecting not only you, but your employment, your ability to drive and your family. There is a solution and we can help you.

As experienced trial advocates our network of of criminal lawyers, former crown attorneys, former police breathalyzer technicians, and medical experts ensures that no stone is left unturned in your defence and fighting impaired driving charges. We stake our reputation on doing everything possible to win and to provide your case with the best possible defence.

Call today at 416-731-7113 to discuss your refuse breathalyzer defence today.