Refuse Breathalyzer Tests

Ottawa Lawyers

To speak to a Lawyer

Call: 613-703-5599

Refuse Breathalyzer Links

Ottawa Criminal Lawyer Reviews

Dave Singh

3 days ago

★★★★★ Nick and his lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team to watch surveillance videos of me, solidify my defence, give me some information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. My lawyer seemed to be known and had a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. We won the case.

Susan Miller

7 days ago

★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. It was difficult, but these guys were with us every step of the way, supporting us, explaining next steps, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.

Mohammad Nazim

1 week ago

★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.

Marisol Almarazo

2 weeks ago

★★★★★ I recommend them because they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you

John Stocco

2 weeks ago

★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Mr. Charitsis, I was put as ease. The trial was simply outstanding to watch my lawyer cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!

Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.

More Google Reviews >

Refusing Breathalyzer Tests

Refusal to Provide a Breath Sample: The Legal System and Protecting Your Future

In Canada, when a police officer believes on reasonable grounds that a driver has consumed alcohol while operating a motor vehicle, they can demand a breathalyzer test.

When a police officer requests a breathalyzer test, drivers are required by law to comply.

Where the driver refuses to provide a breath sample, the officer can charge the driver with refusing a breathalyzer test.

Legal Items of an Ottawa Criminal Lawyer

Breathalyzer Tests Requirements

The police can demand a breathalyzer test when they have the legal grounds to do so.  

Breathalyzer tests can be demanded of a driver when the officer:

  • observes or has reason to believe the driver was driving a motor vehicle, and
  • believes the driver has consumed an alcohol or drug, or
  • has reasonable and probable grounds to believe that the accused ability to drive has been impaired due to the consumption of an alcoholic beverage.

Where the police demand a breath sample for a breathalyzer test, the driver is required to comply. Refusing a breathalyzer test that has been lawfully demanded by a police officer is a criminal offence.

Refuse Breath Tests & Police

Where a police officer demands a breathalyzer test and intends to gather evidence against the accused, they must comply with the rules and laws.

  • must have the grounds for the demand
  • must use an approved breathalyzer instrument
  • must be taken as soon as practicable

The officer has a responsibility to ensure that the driver understands what is being asked of them and the legal responsibility it creates for the driver.

The officer must ensure the driver understands:

  • how to do the test
  • what is required of them
  • the implication of not providing a sample

Where these conditions are not met, the accused may have a defence to the charge.

Can a Driver Refuse a Breathalyzer Test

Where the police have demanded a breath test, drivers must provide a “proper sample” of their breath.

A proper sample means, a full and complete sample of the drivers breath to enable an analysis to be made to determine the concentration if any in the drivers body.

A driver may decide to refuse, but will be subsequently charged with refusing a breathalyzer test and face prosecution.

Refusing Breath Tests - Penalties

Refusing to take a breathalyzer test in Ontario carries the same penalties as failing the test. The charge of refusing a breathalyzer test can lead to serious consequences, including: It is important to note that these penalties can have a significant impact on your ability to drive, employment and travel.  As well criminal driving offences stay on a driving abstract/record for 10 years. This mark on your driving record can affect insurance rates for an extended period of time.

Fighting Refuse Breathalyzer Tests

If you have been charged with refusing a breathalyzer test, remember that the police can make mistakes, and there are defences and compromises that can be pursued.

Refusing breathalyzer charges are not as straightforward as it may seem, as there are legal issues that must be proven in order to obtain a conviction.

Some of these legal issues include whether the police had the right to demand a breathalyzer test, whether the driver fully understood the officer’s explanation, and whether the driver had a reasonable opportunity to provide a breath sample.

Here are some of the things that the police must do when they demand a breathalyzer test:

  • Ensure that the driver fully understands the implications of not complying
  • Explain to the driver what they are required to do
  • Give the driver a reasonable opportunity to provide the sample

If the police did not follow these requirements, it can become a defence to the charge.

Remember, it is your right to have a judge hear your case and make an impartial decision based on the facts. Only a judge can determine whether everything was done properly, legally, and if the case has been made beyond any reasonable doubt.

Here are some possible defences and compromises to refusing a breathalyzer test:

  • police did not follow the proper procedures
  • Driver was not fully aware of the consequences of refusing the test
  • Driver had a reasonable excuse for not providing the sample
  • Driver’s rights were violated in some way during the arrest

The driver may be unable to provide a breath sample due to a medical issue, which is a defence to Refusing a Breathalyzer Test.

Thank you so very much we are forever grateful for your services. Nick was attentive and took the time to explain the entire procedure and what it would entail, the office followed up with every phone call and getting the information needed to proceed with the case.
David D. Ottawa

Refuse Breathalyzer Law

Criminal Code of Canada s. 320.27 (1) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with the requirements of either or both of paragraphs (a) and (b) in the case of alcohol or with the requirements of either or both of paragraphs (a) and (c) in the case of a drug:

(a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;

(b) to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of an approved screening device and to accompany the peace officer for that purpose;

(c) to immediately provide the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment and to accompany the peace officer for that purpose.

Costs - Defending Refuse Breathalyzer Charges

Being charged with refusing a breathalyzer or any criminal offence is a serious matter and can have life-changing implications. We firmly believe that this is not a time in your life look for cheap or “affordable lawyers”.

For most people this will be a once in your lifetime event. There can have long term implications on your drivers licence, livelihood and family that can affect you for years.

When charged with any criminal offence, you need the very best legal representation to protect yourself and your future.

As your DUI Lawyer, we don’t nickel and dime our clients. We charge a fee which represents the high caliber of legal representation that we provide.

Our goal is to win your case, avoid a criminal record and save your drivers licence.  

Why Charitsis - Sheikh LLP

After many years defending refuse breathalyzer charges, DUIs and drinking and driving charges we understand the tremendous strain that these allegations can cause.

As Ottawa criminal lawyers we can appreciate what you’re going through. Our job is to provide you with guidance and clear advice while navigating you and your family through this criminal process.

Where charged we will:

  • provide clear advice
  • review and go over disclosure with you
  • conduct all meetings with the prosecution
  • keep you updated throughout the process
  • represent you at all court proceedings

We believe with our help that you will be well represented and defended in the Ottawa criminal courts, to achieve a positive result.  Call and speak to a lawyer today.

Get Legal Advice Now

Call: 613-703-5599