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Failure to Provide Sample

If you've been charged with refusing a breath sample, a DUI lawyer should be your first call. The experienced DUI lawyers at What The Law can help you explore your options and make this process go as smoothly as it can for you or your family member.

Penalties for a Refuse Breath Sample Charge

If you face a refuse breath sample charge, you may have also been charged with impaired driving or having a blood alcohol level over 80 mg. However, refusing a breath sample is a separate charge that carries its own penalties, including:

  • One-year licence suspension
  • Minimum $1,000 fine
  • Attendance at a mandatory education program
  • For one year, you must drive a vehicle with an ignition interlock device

After being convicted of refusing to provide a breath sample for the second time within ten years, the penalties are higher:

  • Three-year licence suspension
  • Minimum 30 days in jail
  • Attendance at a mandatory education program
  • For one year, you must drive a vehicle with an ignition interlock device

It’s important to know that intentionally failing a breath test may also result in a charge of failure to provide a breath sample. Knowingly drinking alcohol before the test is considered intentionally failing the test. An officer may also request a breath sample at any location, including on the roadside or at the hospital.

Legal Defence for a Refuse Breath Sample Charge

A refuse breath sample charge is more complicated than some of the other DUI charges. A police officer is only allowed to ask for a breath sample when they have reasonable suspicion that you are impaired and have driven a vehicle in the last three hours. There are also several reasonable excuses that you may have to explain why you legally refused to provide a breath sample.

You may medically not be able to give a breath sample. Or, the officer may have requested for you to give a breath sample somewhere else, and going there may be considered an unreasonable inconvenience. That being said, it is usually in your best interests to cooperate with a police request for a breath sample, especially if you suspect you will be facing other DUI charges.

Our experienced DUI lawyers will be able to look at the facts of your case and determine if you have a viable legal defence or if you have other options to reduce the penalties you’ll face. The right representation from dedicated refuse breath sample lawyers can make this process much easier on you or your family member.

In order to protect yourself and your case, exercise your right to remain silent when the officer charges you.

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What The Law proudly serves clients in Aurora, Barrie, Bradford, Brampton, Burlington, East Gwillimbury, Guelph, Hamilton, Kitchener, Markham, Mississauga, Milton, Newmarket, North York, Orangeville, Oshawa, Richmond Hill, Scarborough, St. Catharines, Toronto, Vaughan, West Gwillimbury.

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