top of page

Refuse to Provide a Breath Sample

In Canada, any person operating or having care and control of a vehicle is required to provide samples of their breath when given a valid demand, unless there is a reasonable excuse why they are unable to do so.

When defending a charge of Refusing to Provide a Breath Sample, the first step is for the defence lawyer to evaluate whether the demand for a breath sample was a valid demand.

If the demand was invalid, then it was not an offence to refuse it. The lawyer must also evaluate whether there was a reasonable excuse for the failure or refusal to provide a breath sample. A refusal must be final and unequivocal. Therefore, an accused must have been given a reasonable opportunity to provide the requested sample.

Consequences of a DUI Drinking & Driving Conviction

On being charged with a drinking and driving offence (i.e., before you’ve even been to court!), your vehicle will be immediately impounded for 1 week and your driver’s licence will be immediately suspended for 90 days.

​

In each case, if convicted, you will face a criminal record, an immediate downgrade from 6-star driving record for 6 years, much higher insurance rates once you are able to resume driving and you will have to complete remedial measures implemented by the Ministry of Transportation (Ontario) in order to have your licence reinstated.

​

In addition, the judge may issue a probation or restitution order. A probation order may include: abstaining from alcohol, under-taking community service, submitting to an alcohol or drug assessment, participating in treatment, and any “other reasonable conditions the court considers desirable”. A restitution order compels the offender to compensate the victim, but these are less common in drinking and driving cases.

​

The potential penalties are even greater when a drinking and driving offence leads to a person being injured or killed. In these cases, you could face a maximum possible penalty of life imprisonment for Impaired Driving causing death or 10 years for Impaired Driving causing bodily harm.

 

The following chart summarizes the potential costs and penalties associated with impaired driving:

First DUI Offence Minimum Penalties:

​​

  • $1000 fine (Depending on your BAC level, the minimum fine may be increased up to $2,000) + 30% victim fine surcharge

  • 1 year licence suspension (You may be able to drive after 3 months IF you plead guilty within 90 days of being charged AND install an Alcohol Ignition Interlock Device. If you are found guilty after trial, you will not be able to drive for at least 6 months IF you install an Alcohol Ignition Interlock Device)

  • Remedial measures requirement

  • 9 or 12 month ignition interlock condition upon reinstatement (Stream A or B)​

bottom of page