Refuse Breath Test

Refusing a Breathalyzer Test - Refuse Roadside Test

The charge of refusing to provide a breath sample or refusing a roadside test without a lawful excuse is a Criminal Charge against the Criminal Code of Canada.

The charge of Refusing a Breath Test has the same penalties as if the driver blew into the breathalyzer and failed the test or blew over the legal limit of .08 milligrams. There are two different refuse breath test charges.

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Refuse Roadside Screening Device

This charge of Refusing a Roadside Screening Device occurs when the police stop a motorist and make a lawful demand for the driver to provide an immediate breath sample into an approved alcohol screening device, (Alcotester GLC 7410), commonly used at RIDE spot checks.

The police can demand that the driver provide an immediate breath sample into a roadside screening device under two circumstances.

The drive admits to the officer that he has consumed alcohol or,
The officer smells or has reasonable grounds to believe the drive has consumed alcohol.

The driver must comply with the officer’s demand and provide a suitable sample of their breath into the instrument. The officer can make the demand anywhere including on private property.

If the officer makes a demand for a breath test under either of these circumstances the driver must comply with the officers demand and provide a suitable sample of their breath forthwith to the officer. The police officer must give the driver a reasonable opportunity to provide such a sample.

When the driver blows into the roadside test the instrument will do one of three things,

Provide a reading between 0 and 50 mgs of alcohol
Register a reading of "A" meaning "Alert" that the drivers blood alcohol reading is between 50 and 100 miligrams.
Register a reading of "F" meaning that the driver has failed the roadside test and that the blood alcohol is over 100 miligrams.

Refuse Breath Test

This charge occurs where an officer has made a lawful demand to the driver for a sample of their breath. Usually the driver is taken to the police station where they are brought before a breathalyzer technician who takes a sample of the drivers breath using a breathalyzer instrument.

Penalty

The penalty for Failing to Provide a Breath Sample and refusing a Roadside Screening Device is the same as Impaired Driving. All the same mandatory penalties for Impaired Driving and drinking and driving offences apply to any refuse breath test charge.

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