Implications of the Decision to Refuse to Provide a Breath Sample

If you are stopped by the police and required to undergo a breath test, you must be aware that, in Canada, it is against the law to refuse to provide a breath sample when requested to do so, and it may entail severe consequences.

This situation may aggravate if you not only refuse testing from a roadside screening device, but also with the more complex tester at the police station. The police may request you to provide a blood sample as well, this time with the help of qualified medical professionals. Failing to comply with that request is also a serious offense.

The Consequences of Refusing a Breathalyzer Test

However serious this may sound, refusal in all these cases is to be considered an offense only if all the requirements regarding the testing procedure have been strictly respected by the law enforcement authorities. You need to be prepared that the peace officer/s who took care of the testing will also testify in the case, but if they failed to act based on reasonable and probable grounds, it means that the testing demand itself was unjustified. If the demand itself is unlawful, it is not against the law to deny compliance.

Why Do You Need a Lawyer If You Refuse to Provide a Breath Sample?

You can justify your refusal to undergo testing with a well-founded legal excuse, but even in such a situation you will need a legal professional to present your case to the prosecution.

Here is what a DUI lawyer can do for you in case of a refusal:

–        He or she can present the eventual errors of procedure which might  justify your refusal to act as you have been requested.

–        Proving possible procedural errors can also determine whether the traffic stop was justified or unjustified. If it was, it can lead to the subsequent dropping of all charges. Police officers need to have a good reason to stop you; the simple feeling that there may be something wrong with your driving style is not enough, and will never make a strong DUI case against you.

–        Your lawyer can present your excuse, for example a certain medical condition, in a convincing manner and eliminate the refusal charges against you.

Just like DUI cases, refusal charges are no simple matters and you need a qualified DUI lawyer by your side if you want to go through the procedure as quickly as possible and to win your case or to get the mildest possible punishment. Just like in DUI cases, your lawyer will be with you while you are being questioned, prepare you for the entire process, and handle the plea bargain for you if need be.

If you refuse to provide a breath sample in a DUI case, you need a lawyer, so don’t hesitate: contact a lawyer who specializes in DUI cases in your area, call that lawyer, tell him about your case and let him defend you – a good lawyer can help you get your normal life back within the shortest time possible.


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