"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. So if the police do not observe any evidence suggesting a substance is involved then there is no legal basis for the test.
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.
Jeffrey Smart - Oshawa Criminal Lawyer
39 Bond St E. Oshawa, Ontario, L1G1B2
Proudly serving all of Durham Region including Oshawa, Whitby, Ajax, and Pickering and the surrounding communities including Cobourg, Peterborough, and Lindsay.