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Fail/Refuse To Provide a Breath Sample
When a police officer demands a sample of your breath, you must comply. Failure to do so will result in a criminal charge.
This charge may come as a direct result of refusing to provide a breath sample at either:
- Roadside (Screening Device)
- Police station (Breathalyzer/Intoxylizer 5000C/8000c)
- A mobile police station
- The hospital
If convicted, the penalties are similar to a conviction for impaired driving.
In Ontario, the minimum penalty for a first offence is:
- Driving prohibition for one year
- A fine of no less than $1,000
- Participation in the "Back on Track" program at your own cost
- Installation (at your own cost) of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year
In Ontario, the minimum penalty for a second offence is:
- Driver's Licence Suspension for three years (if the previous conviction is within 10 years)
- Mandatory jail term of 30 days
- Participation in the "Back on Track" program at your owncost
- Installation (at your own cost) of an Ignition Interlock system in your car for three years
The Ministry of Transportation's "Back on Track" counselling program will cost you $578. You will be required to attend classes and complete medical and psychological assessments throughout the course.
X-Copper employs criminal defence lawyers, paralegals and former police officers. Our team of experienced legal professionals have successfully represented thousands of clients for drinking and driving related charges as well as many other criminal offences.
Our criminal defence team is within your reach. Contact X-Copper for a no obligation, free online quote, or call us at 1-888-XCOPPER.