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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.

Penalties for Refuseing to provide breath sample

The minimum penalty for a first offence is:

  • Driving prohibition for one year
  • A fine of no less than $1,000
  • Participation in the provincial counselling program, at your own cost
    ("Back on Track" in Ontario and "Planning Ahead" in Alberta)
  • Installation of an Ignition Interlock system / alcohol screening device in your vehicle for one year, at your own cost

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 provincial counselling program, at your own cost
    ("Back on Track" in Ontario and "Impact" in Alberta)
  • Installation of an Ignition Interlock system / alcohol screening device in your vehicle for one year, at your own cost

Did You Know: The mandatory counseling program will cost you over $500. You will be required to attend classes and undergo medical and psychological assessments throughout the program.

 



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