Mar 04
When you are pulled over on suspicion of impaired driving, the police may ask you to take a roadside breathalyzer test. Many drivers wonder: “Can I refuse the test?” and “What happens if I do?” In Ontario, refusing a breath test is a serious offence that carries consequences similar to — and in some cases, even more severe than — a DUI conviction.
If you have been charged with refusing a breathalyzer test, it is critical to understand your rights, the legal repercussions, and how experienced legal representation can help.
Why Is Refusing a Breath Test an Offence?
Under the Criminal Code of Canada, drivers must comply with a lawful police demand for a breath sample. Refusing or failing to comply without a reasonable excuse is considered a criminal offence.
The reason behind this strict law is simple: Impaired driving is a public safety issue, and the ability to test for alcohol levels ensures accountability on the roads. Refusing a test is seen as an attempt to evade responsibility, which is why the penalties can be just as harsh as those for a DUI.
What Are the Consequences of Refusing a Breathalyzer Test?
Refusing to provide a breath sample can result in:
- Immediate License Suspension – Your driver’s licence will be suspended automatically, even if you were not over the legal alcohol limit.
- Criminal Charges – A refusal is treated as a criminal offence, leading to a permanent record if convicted.
- Fines and Penalties – You may face a minimum fine of $2,000.00 for a first offence, which is higher than the $1,000.00 fine for a first-time DUI conviction.
- Increased Insurance Rates – Being found guilty of refusing a breath test can label you as a high-risk driver, causing your insurance rates to skyrocket.
- Potential Jail Time – A second or subsequent offence can lead to mandatory jail time, making it even more critical to seek legal advice.
Do You Have Any Legal Defences?
While refusing a breath test is a serious offence, there are certain situations where you may have a valid legal defence, such as:
- Unclear or Improper Police Procedure – If the officer did not explain your rights properly or failed to follow proper procedures, your case may be challenged.
- Medical Conditions – If you had a legitimate medical reason preventing you from providing a breath sample (e.g., respiratory issues), this could be used in your defence.
- Lack of Reasonable Grounds – The police must have valid reasonable suspicion before demanding a breath test. If they did not, the demand may not be lawful.
How LZZ Defence Can Help
If you have been charged with refusing a breathalyzer test, you do not have to fight it alone. The legal team at LZZ Defence specializes in DUI and impaired driving cases in Ontario, providing expert legal strategies to challenge charges and protect your rights.
With years of experience and a track record of successful defences, LZZ Defence will assess your case, challenge any procedural errors, and explore all possible defences to achieve the best outcome.
Take Action Now
A refusal charge can have life-altering consequences, but with the right legal defence, you can fight back. Contact LZZ Defence today for a consultation and ensure your rights are protected.
Call now or visit LZZ Defence to speak with a legal expert.
