Nov 18
A refusal charge (or fail to provide a breath sample) is a criminal charge which carries the same consequences as if you were charged with an impaired or an ‘over 80’. This includes a driving suspension, a fine, and even the possibility of a jail sentence.
What is a refusal charge?
The act or acts that the police allege constitute a refusal charge can vary greatly. Lockyer Zaduk Zeeh recently represented two different clients which highlights the differing circumstances. The first individual requested water before providing a breath sample. The police constituted this as a refusal. The second individual was Mandarin speaking, but the police failed to provide him an interpreter. When the individual failed to respond to the google translations, the police charged him with refusal. These examples show how refusal charges may be different and each case may have a different defence. Potential defences can range from Charter arguments, the police failing to prove the act of refusal, or evidence of a reasonable excuse for failing to provide a breath sample.
Do I need to provide a breath sample at the roadside?
If you do not comply with a roadside demand, and refuse to provide a sample, you will be charged with the Criminal Code offence of refusing to provide a sample. If you try to comply, but fail to provide a sample without reasonable excuse, you will still be charged with refusing/failing to provide a sample. The penalty for refusing/failing to provide a sample is the same as if you were convicted for blowing over the legal limit.
Do I need to provide a breath sample at the police station?
If you do not comply with a breath demand, and refuse to provide a sample, you will be charged with the Criminal Code offence of refusing to provide a sample. If you try to comply, but fail to provide a sample without reasonable excuse, you will also be charged with refusing/failing to provide a sample. The penalty for refusing/failing to provide a sample is the same as if you are convicted for blowing over the legal limit.
Refusal charges are serious.
A refusal charge can have severe consequences in your life. Unfortunately, they can happen to anyone. Lockyer Zaduk Zeeh are experienced refusal lawyers who have argued defences across the spectrum for refusal charges. We have represented plenty of clients across Ontario and have built a reputation of both winning cases and providing superior representation for our clients. If you are charged with a refusal or other driving offences, contact us at 416-613-0416 to schedule a consultation so we can assist you with your criminal matter.
