Top Toronto Lawyer for Breath Sample Refusal Cases
Secure legal expertise in Toronto for breath sample refusal cases. Our dedicated team provides strong defense and personalized support.
Failure to Provide Breath Sample in Toronto
The rules around breathalyzer tests have had a makeover. You might wonder if you can say “no thanks” when asked to breathe into the bag if pulled over.
These laws got a fresh update recently. It is easy to be messy with the new changes. But knowing these rules is super crucial. So, if you find yourself in the headlights of a traffic stop, it’s vital to be clued in on what you have got to do.
Breath Samples in Drinking and Driving Cases
Did you know in Toronto, if the cops stop you and ask you to take a police breathalyzer test, it’s not just a request? If you say ‘no thanks,’ you are signing up for serious legal trouble.
Legally, if a cop stops you and asks you to blow into one of those breathalyzers, and everything’s above board, you have got to do it.
Let’s say you are asked for a breath sample and are like, ‘No, I’m good.’ Bad move. That could land you in as much hot water as actually driving buzzed or having a blood alcohol level over the limit.
So, if you are ever in this situation, take a deep breath (literally!) and follow the officer’s instructions.
Can I Refuse To Take a Breath Test
Never say no to an approved screening device. Under section 320.15 of the Criminal Code, turning down a breathalyzer is wrong. Sure, cops cannot force you to blow into that gadget, but if you play the refusal card, you invite a criminal charge to your doorstep.
Think that’s tough? It gets tougher. Some people reckon, “Hey, if I do not give a sample, they cannot nail me for drunk driving, right?” Wrong. That move backfires in court and crushes your defence faster than a cookie in a kid’s hand.
Let’s bust another myth: “I can chat with my lawyer before the breath test.” No, it does not work like that. The police are not obliged to wait for you to ring your lawyer before the test. What they must do, though, is fill you in on the consequences if you decide to avoid the breathalyzer.
How to Defend a Breath Sample Refusal Charge
Was the Demand Lawful
If you receive allegations for weaving a breathalyzer test, your attorney must determine whether there was a legitimate call for it. The cops cannot demand a sample without solid reasons. If they are missing that critical piece of logic, you have every right to say no. Your attorney’s job is to sift through every detail, weighing if the cop’s ask was on the level.
Was the Refusal Deliberate or Slip-up
In cases where a law enforcement official has the right to request a breath test, your attorney must investigate the causes behind any test mishaps.
They are tasked with figuring out whether the failure or refusal to take the test was a deliberate choice or a slip-up.
Imagine there are countless scenarios where you might unintentionally mishandle a breath test. Now, if it turns out that messing up the test was not done on purpose, you are off the hook.
The Device was Not Working Properly
You are taking a breathalyzer test, and the gadget is malfunctioning. The mouthpiece could have a tiny blockage, or the device is having a bad day. Now, the officer’s giving you the side-eye, thinking you are pulling a fast one. It’s not you – the machine is not up to the mark.
Penalties for Refusing a Breath Test in Toronto
Choosing not to blow into that little device can hit you just as hard as if you’d taken the test and scored above the limit. Sometimes, the consequences are even heftier, especially if your blood alcohol level is way over the “80 or over” mark.
Here’s what you are looking at if you say no to the breath test:
- Refuse once, and you are benched from driving for at least a year. And if the judge is having a tough day? You could be looking at a three-year timeout.
- Get yourself ready for a mandatory $2,000 fine to your bank account.
- Get ready to enroll (and pay up) for a course in ‘How Not to Drink and Drive 101’ – officially known as the Back on Track Program.
- You must install an ignition interlock device, and it’s pricey.
You are likewise looking at a criminal record. Also, prepare for your car insurance to go sky-high.
Assault Cases Solved
Please email us through the form on this page for a free chat about your situation.
Do Not Fight Alone – Contact Kazandji Law
Facing your first DUI is not just a minor bump in the road; it is a significant hurdle with lasting effects. Your criminal record is not the only thing at stake—your wallet and job prospects also affect you. In more severe cases, the right defence attorney is essential. They guide navigating these challenging circumstances and emerging relatively unharmed.
Reach Out To Us Today
FAQs
Can I refuse a field sobriety test in Canada?
If you refuse a field sobriety test in Canada, you’re committing a criminal offence. It’s as severe as a DUI charge. So, legally speaking, saying no to that roadside test can land you in some pretty hot water.
What happens if you refuse to take a breath?
Refusing a breathalyzer isn’t a free pass. You might find yourself without a license, leading to immediate suspension. It’s a decision that has some immediate consequences.
What happens if you refuse a breathalyzer in Canada?
In Canada, turning down a breathalyzer means one thing for sure: immediate license suspension. It’s a quick route to losing your driving privileges.
What is the alcohol limit in Canada's breathalyzer?
In Canada, the magic number on a breathalyzer is 0.08. Hit that or go over, and you’re officially in the danger zone for a DUI.
Why is Canada so strict about DUI?
Canada takes DUIs super seriously. A DUI in the U.S. might be just a blip, but it’s treated as a significant offence up north. They don’t mess around when it comes to drinking and driving.