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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 Roadside (Screening Device)
mobile_station A mobile police station
police_station Police station (Breathalyzer/Intoxylizer 5000C/8000c)
hospital The hospital

If convicted, the penalties are similar to a conviction for impaired driving.

PENALTIES FOR REFUSING 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 3 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

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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