Refusing a Breath Sample- Hire Experienced DUI Lawyers

If you refuse to give your breath sample, the police will arrest you, and you have to face some severe consequences. In such an offence, it is essential to hire an experienced lawyer who will defend your case and negotiate with the police.

Overview

What is a Breathalyser Test

A breathalyzer test is a procedure through which we measure an individual’s blood alcohol concentration. It shows the level of alcohol in the blood through blood samples.

The test helps the authority to determine whether the person who is driving is under the influence of alcohol or not, which ensures road safety.

In Toronto, the rules for taking breathalyzer tests are set by the Criminal Code of Canada and Toronto’s Highway Traffic Act. These laws decide how to establish a legal framework for enforcing impaired driving offences.

In Toronto, police have the legal right to conduct random spot checks for impaired drivers, even without doubting impairment. On the other hand, you have the right to remain silent during questioning; if you refuse to cooperate, it will raise doubts and lead to a field sobriety test or breath sample request.

The police may request the driver to provide a breath sample using an approved screening device. These devices are authorized instruments for measuring blood alcohol concentration (BAC) levels

Fighting the Charge of Refusing a Breath Sample Test in Toronto

If you are facing the charge of refusing a breath test, you have many options. Your first and best step is to consult a Toronto impaired driving defence lawyer for assistance immediately.

The lawyer will review your case and inform you about all the options. There may be defences and solutions except pleading guilty and losing your licence.
For example, you can win your case or resolve it to a non-criminal Code charge of careless driving or other lesser charge under the Highway Traffic Act.

The language used in the charge is straightforward and states that you did not provide a breath sample. There are still complex and legal issues that must be proven to arrest someone on this charge.

Possibilities

A good impaired driving lawyer will carefully analyze the following issues to determine if you can win your case.

Did the police do anything that affected the rights of the accused? Was there a violation of the accused’s right to talk to a lawyer, did the police hold them unfairly, or did the police search or take something they should not have, according to the Canadian Charter of Rights and Freedoms?
Could the driver clearly understand the officer’s request for a breath sample?
Did the police properly make a valid breath demand? Did they clearly explain the obligation to provide a breath sample to the accused?
Did the police have a good reason to ask for a test and belief for the demand?
If yes, did the accused fail or refuse to accept the demand?
If the accused failed or refused to comply with the demand, did they have a reasonable excuse for the failure or refusal, making it impossible to provide a breath sample?
Did the accused have any injury that would make it dangerous for health to provide a breath sample?
Did the accused have a valid excuse?
Did the police appropriately operate the approved screening device?
Was there a demand for any sample of bodily substances other than breath or blood?
If you refused to do a breath demand, did you ask for one last chance to provide a breath sample within a reasonable period after unsuccessful attempts or refusal?

The police have legal responsibilities that they must have to follow when they demand an approved screening device test. They must ensure that:

The driver understands what is being demanded of them.
The driver was informed of the implications if they did not comply.
The driver knows what they need to do to comply.
The driver was given a reasonable opportunity to provide breath samples.

If these elements are not presented, the defence lawyer can use them against the charge and strengthen their defence.

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Penalties for Refusing a Breathalyser

Following are the penalties under the Criminal Code and the Highway Traffic Act;

Penalties Under the Criminal Code

First Offence	Second Offence	Subsequent Offence	Repeat Offences
$2000 fine	Minimum imprisonment of 30 days.	Minimum imprisonment of 120 days.	Maximum 10 years imprisonment.

Penalties Under the Highway Traffic Act

First Offence	Second Offence Within 10 Years	Subsequent Offence Within 10 Years
Automatic licence suspension for 90 days $550 administration penalty $275 vehicle impoundment	Automatic licence suspension for 90 days $550 administration penalty $275 vehicle impoundment Mandatory education or treatment program	Automatic licence suspension for 90 days $550 administration penalty $275 vehicle impoundment Mandatory education or treatment program Ignition interlock device for at least 6 months

LEGAL DEFENCE FOR A REFUSE BREATH SAMPLE CHARGE

A refuse breath sample charge is more complicated than the other DUI charges. A police officer has the legal authority to ask for a breath sample when they have a reasonable doubt that you are impaired and have driven the vehicle in the last 3 hours.

You must have other reasonable excuses to explain why you legally refuse to provide a breath sample.

You may not provide a breath sample, or the officer may request you to give a breath sample somewhere else, and going there may be inconvenient. It is said that you have to cooperate with the police when they request you to provide a breath sample, especially if you are the suspect of facing other DUI charges.

How can a criminal lawyer help you with failure to provide a breath sample

If you are charged with the refusal to provide a breath sample, you should immediately consult an impaired driving lawyer in Toronto.

Toronto’s Law Firm provides you with experienced lawyers in such cases; the lawyers can work with the prosecution to get the charges dismissed or ensure that the penalties are mitigated.

Toronto’s Law Firm is used to work within the Toronto justice system to defend people against criminal charges that can have severe consequences for their futures.

FAQs

Frequently ask questions.

What is the penalty for refusing a breath test in Toronto?

The penalty for refusing a breath test in Toronto is a mandatory minimum $2000 fine.

Are random breath tests legal in Canada?

Yes, it is legal to take random breath tests in Canada. Mandatory alcohol screening was introduced to allow police officers to demand a breath sample from a driver at checkpoints.

What does a breath test prove?

A breath alcohol test measures how much alcohol is in the air you breathe out and proves that you are drunk while driving and charged with impairment charges.