Refuse Breath Test

Refusing a Breathalyzer Test

The charge of Refusing to Provide a Breath Sample without a lawful excuse is a Criminal Charge against the Criminal Code of Canada. The charge of Refusing a Breath Test has the same penalty 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.

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.

1. The drive admits to the officer that he has consumed alcohol or,
2. 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

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