Refuse Breath Sample Charge - Criminal Lawyers

Our Brampton Criminal Lawyers defend all types of impaired driving offences including Refuse Breath Sample.

The penalties for Refusing to Take a Breathalyzer Test, either at the scene or at the police station are as follows: One year suspension of your driver's licence for a first offence and two to five years for a second offence. Three years to a permanent driver's licence suspension for the third or more offences.

Section 320.15(1) of the Criminal Code of Canada: Failure or refusal to provide a breath sample

The police have a right to demand that an accused provide a breath sample in order to determine what their blood alcohol level and whether they are impaired while driving.  This breath sample can be at the roadside into an approved screening device (ASD) or at the police station into an intoxilyzer machine. The accused’s failure or refusal to provide a breath sample will be recorded via bodycam, in car cameras, and CCTV at the station. Most people charged with failure to comply/refusal will also be charged with operation while impaired under Section 320.14(1)(a) of the Criminal Code. 

Our experienced team of Criminal defence Lawyers represent clients charged in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario. If you have been charged with a criminal charge, contact our Criminal Lawyers for a free telephone case evaluation today.  We will fight to defend your charges and get you the results you deserve.