Fail or Refuse to provide a sample of breath

Pursuant to section 320.15(1) of the Criminal Code, failure to comply with a breadth demand is a criminal offence.

However, refusing to provide a breadth sample doesn’t always lead to a conviction. The circumstances for each case differ and it is important to cover all possible defenses and outcomes in such an instance.

How we defend refusal charges

We provide the best possible defense and attack the weaknesses and inconsistencies in the Crown prosecution’s case. Our strategy and approach is in the details. We prepare your case thoroughly and ensure that all angles are covered when you have been charged with refusal.

There are certain aspects of the evidence that only an experienced lawyer can question. The police must make a valid breadth demand, and they must have reasonable grounds to believe that you were impaired while operating the vehicle. We always advise clients to never refuse a breathalyzer demand, unless there are circumstances in which you could not comply with the same. You may have a medical or respiratory issue that prevents you from blowing, you may have been in an accident and the air bags were deployed and you a concussion with shortness of breath.

There are instances where the breadth demand by the police was not understood by you, there may have been a language issue and the police did not provide you with an interpreter. We consider all these factors when building a defense and determining if there are valid grounds for refusal.

We go over the facts with you more than once and review the disclosure. The police have several obligations to you even in a case of refusal to blow. Maybe your rights to counsel were breached during your arrest, or there may have been an issue with the legitimacy of the screening device. There is a possibility that your constitutional rights under Charter of rights and freedomshave been breached. It is important to explore these defenses to leave no stone unturned.

On many occasions a resolution or comprise is met before going to trial. We endeavor to obtain the best possible outcome for you. We provide you with the strength and determination to fight these charges to the absolute maximum.

At Juzkiw Law you will receive competent advocacy in resolving “Failure to comply or Refuse” charges. Always know what your options are and speak to us for a free confidential legal consultation at (416) 290-5055 or via email at info@juzkiw.com.

Penalty (The Sentence)

The sentencing with respect to this offence of refuse to blow is identical to the provisions for impaired driving.

For a first time offender the consequences will usually include:

  1. Fine of $1000 or more;
  2. Driving prohibition and license suspension for up to 3 years;
  3. Interlock device installation restrictions on your driver’s license;
  4.  Insurance consequences;
  5. Criminal record which can impact employment opportunities and travel outside of Canada;
  6. For a subsequent offender jail is often mandated and longer periods of driving prohibition and license suspensions are imposed;

Free Legal Consultation

Call us now at (416) 221-2221 for a free confidential consultation. We will assess your case and provide you with a road map with how to proceed.

Impaired By Drugs
Impaired / Over 80
To Top