Driving Offences - Refusing a Breath Sample

This is legal information, not legal advice. If you want legal advice, call for consultation: 416-583-1510 ext. 2

Under section 320.11(1) of the Criminal Code it is an offence to fail or refuse to comply with a breath demand by a police officer. The police can make a breath demand at any time. This demand can be made at the roadside or at a police station. Refusing to provide this sample can result in criminal charges.

The immediate consequences of failing to provide a breath sample include an automatic driver’s license suspension and impoundment of your vehicle. A conviction for this offence could result in fines imposed by the court, insurance implications, and potential imprisonment. The specific consequences may vary depending on the jurisdiction and whether it is a first offence or a repeat offence. In many cases, the penalties for refusing a breath sample can be similar to those for impaired driving.

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