Refusing to comply with a lawful demand for a breathalyzer or drug test is a significant criminal offence. This refusal is treated with similar severity as impaired driving, carrying substantial penalties.
Refusing a Breathalyzer or Drug Test: Criminal Code Definition
Refusing a breathalyzer or drug test is defined under Section 320.15 of the Criminal Code.
320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.
Elements of Refusing a Breathalyzer or Drug Test
To prove refusal, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That a lawful demand was made by a police officer.
- That the accused failed or refused to comply without a reasonable excuse.
Potential Penalties for Refusing a Breathalyzer or Drug Test
Penalties for refusing a breathalyzer or drug test vary based on the circumstances and history of offences:
- First Offence: Minimum fine of $2,000.
- Second Offence: Minimum 30 days imprisonment.
- Subsequent Offences: Minimum 120 days imprisonment.
- Indictable Offence: Up to 10 years in prison.
Click here to learn more about the potential penalties for refusing a breathalyzer or drug test.
Defences Available for Refusing a Breathalyzer or Drug Test
Possible defences against charges of refusing a breathalyzer or drug test include:
- Lack of a Lawful Demand: Challenging the legality of the police officer's demand.
- Reasonable Excuse for Refusal: For instance, a medical condition that prevents compliance.
- Mistake or Misunderstanding: Arguing that the accused did not understand the nature of the demand.
- Improper Procedures: Demonstrating that the police did not follow correct legal or procedural guidelines.
Speak to an Impaired Driving Lawyer Today
Dealing with charges for refusing a breathalyzer or drug test demands proficient legal expertise. A skilled criminal lawyer can challenge the evidence, clarify your legal options, and construct a robust defence strategy to protect your rights and achieve the best possible outcome. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
