Failure or Refusal to Comply with a Breath Demand in Ontario

Many people are surprised to learn that refusing to take a breath test or failing to provide a sample into a breathalyzer carries the same legal penalties as charges like Impaired Driving or Over 80. In fact, the Crown Attorney may find it easier to prove a refusal case, as there are fewer elements to prove beyond a reasonable doubt.

If you have been charged with Refusing to Provide a Breath Sample or Failing to Comply with a Breathalyzer Demand in Ontario, don’t lose hope. At Song Criminal Defence, we are here to give you the information and legal representation you need to fight the charges and protect your future.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity: You were the individual operating the vehicle.

• Date and Time: The offence occurred at the stated time.

• Jurisdiction: The offence falls within Ontario’s legal authority.

• Operation of a Conveyance: The police officer had legal grounds to demand that you provide a breath sample.

• Proper Grounds for Demand: They must demonstrate you were impaired at the time.

• Valid Demand: The officer made the demand in accordance with the law.

• Physical Ability: It was physically possible for you to provide a sample without endangering your life.

Consequences of a Conviction

1. Criminal Record: A refusal conviction results in a criminal record, just like an impaired driving conviction.

2. Fine: A monetary fine, plus a surcharge, depending on the circumstances.

3. Licence Suspension: A mandatory 1-year suspension under the Criminal Code. Potential eligibility for the Early Ignition Interlock Program, which may reduce the suspension period based on when you plead guilty.

4. Back on Track Program: A government program involving an intake interview, educational sessions, and follow-up.

5. Ignition Interlock: A device that requires you to pass a breath test before starting your vehicle.

Other Potential Consequences:

• 7-day Vehicle Impoundment: The vehicle will be impounded for 7 days immediately, regardless of ownership.

• 90-day Licence Suspension: Your licence will be suspended for 90 days immediately after your arrest.

• Higher Insurance Premiums: Expect a significant increase in insurance premiums, if coverage is still provided.

• Immigration Issues: Permanent residents and visa holders may face deportation or removal orders upon conviction.

• Travel Restrictions: A criminal record can create issues when traveling abroad.

• Cost of Alternative Transportation: Navigating daily life without a licence can lead to significant costs and inconveniences.

Take Action to Protect Your Rights

The penalties for refusing or failing to provide a breath sample are serious, but your situation is not without hope. Every case is unique, and it’s crucial to seek professional legal advice to understand your specific circumstances and develop a strong defence. Contact Song Criminal Defence today for a free consultation, and let us help you fight your charges and work towards the best possible outcome.