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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.

In Ontario

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 own cost
  • Installation (at your own cost) of an Ignition Interlock system in your car for three years

Did You Know: 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.

In Alberta

In Alberta, 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 Alberta, 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 own cost
  • Installation (at your own cost) of an Ignition Interlock system in your car for three years

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.



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