Refusing to comply with a lawful demand for a breathalyzer or drug test is a significant criminal offence. This refusal is treated with similar severity as impaired driving, carrying substantial penalties.
Refusing a Breathalyzer or Drug Test: Criminal Code Definition
Refusing a breathalyzer or drug test is defined under Section 320.15 of the Criminal Code.
320.15 (1): Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.
Elements of Refusing a Breathalyzer or Drug Test
To prove refusal, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That a lawful demand was made by a police officer.
- That the accused failed or refused to comply without a reasonable excuse.
Potential Penalties for Refusing a Breathalyzer or Drug Test
Penalties for refusing a breathalyzer or drug test vary based on the circumstances and history of offences:
- First Offence: Minimum fine of $2,000.
- Second Offence: Minimum 30 days imprisonment.
- Subsequent Offences: Minimum 120 days imprisonment.
- Indictable Offence: Up to 10 years in prison.
Click here to learn more about the potential penalties for refusing a breathalyzer or drug test.
Defences Available for Refusing a Breathalyzer or Drug Test
Possible defences against charges of refusing a breathalyzer or drug test include:
- Lack of a Lawful Demand: Challenging the legality of the police officer's demand.
- Reasonable Excuse for Refusal: For instance, a medical condition that prevents compliance.
- Mistake or Misunderstanding: Arguing that the accused did not understand the nature of the demand.
- Improper Procedures: Demonstrating that the police did not follow correct legal or procedural guidelines.
Speak to an Experienced Impaired Driving Lawyer Today
Successfully navigating impaired driving or DUI charges requires legal expertise and a strong defence strategy. A skilled impaired driving lawyer can help reduce penalties, negotiate favourable plea agreements, and provide representation in court to protect your future. Don't face these charges alone—speak to a qualified DUI lawyer today. Call (647) 697-2876 for a free consultation and take the first step toward protecting your rights.