Oshawa Refuse Breath Test lawyer- Smart |Criminal Law

Refuse Breath Test

Refusing Roadside Breath Test

"Refusing" or "Failing to provide" a breath sample is a common allegation for a driver to receive after having a roadside interaction with the local police.

There are many misapprehensions about a drivers obligation to provide a breath sample , but the truth is you will have more legal defences if your blow and FAIL, then if you refuse to provide a sample.

There are exceptions:

1) You can't because of a medical condition. Some health conditions will interfere with a persons ability to participate in the testing process or provide a "suitable sample" . These cases often require Expert Medical Evidence to explain the connection between the medical condition and the inability to provide a "suitable" breath test.

2)You only have to provide a sample IF there are reasonable facts to suggest that you have consumed alcohol (or drugs) and that the substance is still in your body or IF police are engaging in Mandatory Alcohol Screening(Ie. RIDE programs).

3) A violation of your charter rights- Police conduct, misrepresentation, oppression- These particular issues usually form the foundation for in-depth analysis of the police procedure and conduct to determine if your rights were respected during your interaction.

These are common examples, but there are many more defences available.

If you have been charge with refusing a breath test, call or email our experienced Oshawa Defence Lawyer to discuss the possible defences for your case.

Refuse Breath Test Lawyer - Experienced | Professional | Effective. Call Our Lawyer Now 905-438-1529

Charges, Penalties & Defences

Being stopped by police on suspicion of impaired driving is stressful. In Ontario, refusing to provide a breath sample is treated just as seriously as blowing over the legal limit. Under the Criminal Code of Canada, failing or refusing to comply with a lawful demand for a roadside breath test or an Intoxilyzer test at the station can lead to severe penalties, including a criminal record.

What Does “Refuse Breath Test” Mean?

If a police officer has reasonable grounds to suspect impaired driving, they can legally demand that you provide a sample of your breath:

Roadside test – a screening device used during a traffic stop.
Intoxilyzer test – a more accurate breathalyzer at the police station.

If you fail, refuse, or delay providing a sample without a valid excuse, you may be charged with refusal to comply with a demand under section 320.15 of the Criminal Code.

Penalties for Refusing a Breath Test in Ontario

A refusal carries the same consequences as an impaired driving conviction. Penalties include:

Immediate roadside licence suspension for 90 days.
Vehicle impoundment for 7 days.
Mandatory minimum fine of $2,000 (first offence).
Criminal record that can affect employment, travel, and immigration.
Mandatory ignition interlock program participation.
Increased insurance premiums or cancellation of coverage.

Repeat offences or aggravating circumstances (such as a crash or injuries) result in harsher penalties, including jail time and longer licence suspensions.

Possible Defences to Refusing a Breath Test

Every case is unique. A skilled criminal defence lawyer will carefully review the circumstances of your stop and arrest. Possible defences may include:

Unlawful police demand – the officer did not have the legal grounds to request a test.
Medical or physical inability – a legitimate condition prevented you from providing a sample.
Improper procedure – errors in how the test was demanded or administered.
Charter rights violations – including denial of the right to consult with counsel.

A refusal charge is not automatic—there are legal strategies that can help protect your record, licence, and future.

How Our Firm Can Help

We have extensive experience defending clients against refusal to blow and impaired driving charges across Ontario. Our team will:

Examine police conduct and evidence for weaknesses.
File Charter applications where your rights were breached.
Negotiate with the Crown for reduced penalties where possible.
Defend you vigorously at trial if necessary.

Contact Us Today

If you have been charged with refusing a breath test in Ontario, it’s critical to act quickly. Call our office for a confidential consultation. Protect your rights, your licence, and your future.

Schedule Free Consultation

Frequently Asked Questions about Breath Testing

What happens if you refuse a breathalyzer in Ontario?

Refusing a breath test in Ontario is a criminal offence under the Criminal Code. You will face an immediate 90-day licence suspension, a $2,000 minimum fine, a 7-day vehicle impoundment, and a criminal record if convicted.\

Is refusing a breath test the same as failing one?

Yes. Under Canadian law, refusing or failing to provide a breath sample carries the same penalties as being convicted of impaired driving or blowing over 80, albeit these are distantly ways an offence can be committed.

Can medical conditions be a defence to refusing a breath test?

In some cases, yes. If you had a legitimate medical condition or physical limitation that prevented you from providing a sample, it may form a valid defence.

Do I have the right to speak to a lawyer before a breath test?

For roadside screening, you must provide a sample immediately and cannot delay to contact a lawyer. However, for a formal Intoxilyzer test at the station, you do have the right to consult counsel first.

Should I fight a refusal to blow charge?

Yes. A conviction can lead to lifelong consequences including a criminal record, travel restrictions, and higher insurance costs. An experienced DUI lawyer can often challenge the charge on legal or procedural grounds.

SMART | CRIMINAL LAW