Consequences of Refusing or Failing DUI Sample in Canada

Drinking and driving is a serious offence in Canada. The Criminal Code of Canada has strict laws in place to prevent individuals from operating a vehicle while impaired. One of the ways to determine whether a driver is impaired is by taking a breath or blood sample. However, what happens when a driver refuses to provide a sample or fails to do so? In this article, we will explore what refusal or failure to provide a sample means in Canadian DUI law.

The Law

The Criminal Code of Canada makes it an offence to refuse to provide a breath or blood sample to a police officer who has reasonable grounds to believe that the driver is impaired. In addition, failing to provide a sample is also an offence. These offences fall under section 253(5) of the Criminal Code of Canada.

Consequences of Refusing or Failing to Provide a Sample

The consequences of refusing or failing to provide a sample are severe. Refusing or failing to provide a sample is a criminal offence and can result in criminal charges. If convicted, the individual can face fines, imprisonment, and a driving prohibition. In addition, a criminal record can have long-lasting effects on an individual’s personal and professional life.

Penalties for Refusing or Failing to Provide a Sample

The penalties for refusing or failing to provide a sample vary depending on the circumstances of the offence. If an individual is convicted of refusing or failing to provide a sample for the first time, they can face a minimum fine of $1,000 and a driving prohibition of one year. If an individual is convicted of refusing or failing to provide a sample for the second time, they can face a minimum fine of $2,000 and a driving prohibition of two years.

If an individual is convicted of refusing or failing to provide a sample for the third time, they can face a minimum fine of $3,000 and a driving prohibition of three years. In addition, the court can impose imprisonment as a penalty for refusing or failing to provide a sample.

Defences

There are limited defences available to individuals who refuse or fail to provide a sample. One of the defences is that the police officer did not have reasonable grounds to believe that the individual was impaired. Another defence is that the individual was physically unable to provide a sample due to a medical condition.

Consequences of a Conviction

A conviction for refusing or failing to provide a sample can have serious consequences. A criminal record can impact an individual’s ability to travel, find employment, and obtain credit. In addition, insurance rates can increase significantly, and the individual may have difficulty obtaining a driver’s license in the future.

Legal Assistance

If an individual is charged with refusing or failing to provide a sample, it is essential to seek legal assistance. A lawyer can review the case and determine whether the police officer had reasonable grounds to request a sample. In addition, a lawyer can explore defences and negotiate with the prosecution to reduce the penalties.

Conclusion

Refusing or failing to provide a breath or blood sample is a serious offence in Canadian DUI law. The consequences of a conviction can be severe, including fines, imprisonment, and a criminal record. It is essential to understand the law and the penalties associated with refusing or failing to provide a sample. If charged, it is crucial to seek legal assistance to protect your rights and minimize the consequences. Remember, the best way to avoid these penalties is to refrain from drinking and driving altogether.

If you’re facing DUI charges in Toronto, don’t take any chances with your future. Turn to the experienced team at Calvin Barry Professional Corporation. Our DUI lawyers in Toronto will fight tirelessly to protect your rights and help you achieve the best possible outcome in your case.