GET MY FREE QUOTE Call us (1-888-XCOPPER) (1-888-926-7737)
step1

Step One

Take a photo of your ticket in a well lit environment and ensure the ticket is in focus.

step2

Step Two

Send the picture of your ticket to 416-926-7737. If you wish to include any other information, such as what happened, just send another text.

Step 3

Step Three

Now you just wait for us to get back to you with your free quote.

Can You Refuse a Breathalyzer Test?

Criminal Charges
jason-baxtorJason Baxter

You may have heard differently, but Ontarians have never been able to refuse a breathalyzer without facing a consequence of one form or another.

What Happens When You Refuse a Breathalyzer Test?

The reasons for confusion around whether or not you can refuse to comply with a breath sample request includes the laws as they were up until late last year. Before new laws came into effect last December, police needed to have reasonable suspicion of impaired driving before demanding a roadside breath test.

Today, police no longer need to have reasonable suspicion to demand an on-the-spot roadside breath test. And refusing a breathalyzer can result in criminal charges similar to those of being convicted of a DUI charge.

What Are the Penalties for Refusing a Breathalyzer?

The government was forced to eliminate the need for reasonable suspicion because studies showed that up to 50% of impaired drivers were not being detected by police officers at roadside stops.

In Ireland, authorities credit mandatory roadside breathalyzer tests with a 40% reduction in the number of road deaths due to impaired driving.

Here are just some of the minimum penalties a driver can face for a first-time conviction for refusing a breathalyzer. You can also face these penalties for refusing to give a breath sample at a police station, mobile police station and/or hospital.

  1. Drivers license suspension for one year.
  2. Pay a fine of $1,000 or more
  3. Mandatory participation in a Provincial counselling program at your own expense
  4. Installation of an ignition interlock system, also at your own expense, for one year

If you found this post helpful, check out our recent article about the law for drinking and boating.

 

Comments

Your email address will not be published. Required fields are marked *

team

Why Choose X-Copper

The X-Copper team that defends you delivers a unique combination of law enforcement and an expert, in-depth understanding of court procedures.

GET MY FREE QUOTE

Copyright 2020 X-Copper Professional Corporation Authorized by the Law Society of Ontario to practice law. All Rights Reserved.

This website and its information is not legal advice, nor is it intended to be. Please consult a legal services provider (Lawyer or Paralegal) for advice about your individual situation. Please contact us by electronic mail, telephone or in person. Contacting us through this website does not create a lawyer/paralegal-client relationship. Until a Lawyer or Paralegal-client relationship is established, please withhold from sending any confidential information to us.