Refuse to Provide a Sample Lawyer Toronto
If a breathalyzer is requested or an officer asks for a blood sample from a driver suspected of impaired driving, contact a criminal lawyer before saying anything. The consequences can be serious.
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Refuse Breath or Blood Sample
If the driver refuses to take the breathalyzer on the roadside or at the police station they can be criminally charged. There is also an option for an officer to demand a blood sample. This may arise when the officer believes the suspect is not capable of providing a sample, perhaps due to injury. The criminal penalties for refusing a breath or blood sample will be essentially the same as an Impaired Driving or over 80 mg charge. If you are charged, always contact a Criminal Lawyer before making any statements.
Refusing Breathalyzer Tests
If you’re operating a vehicle and the police have requested a sample of your breath, it is in your best interest to comply because:
- You may pass the test
- Breath tests will give you an issue to dispute (if they were not administered correctly)
- A low reading can make you eligible for reduced charges
Note that a driver can refuse a breathalyzer test and that nobody can physically force you submit to one. With this said, the police can charge the driver with the “Refusing a Breathalyzer Test” which is a criminal offence. More so, refusing a breathalyzer test and failing a breathalyzer test carry the same penalty.
How to Fight Charges of Refusing Breathalyzer Test
The police can sometimes make mistakes when demanding a breath sample or administering the breathalyzer test. The defence can use these mistakes to dismiss the charge or reduce the penalties for the accused.
Remember that facing a criminal charge doesn’t make one guilty of the charge against them.
Certain issues have to be proven before someone can be convicted for impaired driving.
Examples of which are:
Proving that the police have a legal right to make a demand for a breathalyzer test
Proving that the police clearly explained the test to the driver
Proving that the driver completely understood the police
Proving that the accused had a way to seek or contact a lawyer
Checking if the police abused the rights of the accused at any stage of the process
If you have been charged with impaired driving in Canada, note that you have the right to be heard by a judge who will make an impartial decision based on the facts of the case. The judge will determine if the procedure for obtaining a breath sample was correctly done.
This responsibility is not for the police or the crown attorney to fulfill. Only the judge can say when someone is guilty of impaired driving.
Penalty for Refusing a Breathalyzer Test
Failing a Breathalyzer Test
As mentioned earlier, refusing a breathalyzer test carry the same penalty as failing a breathalyzer test. Penalties for refusing a breathalyzer test include:
• Paying a fine between $1,000 and $2,000
• Facing one-year license suspension
• Having to install an ignition interlock device
• Joining a Back on Track Program
• Undergoing mandatory drinking and driving counselling
• Having a criminal record for life
Definition of “Refuse a Breathalyzer Test”
First, the police must have reasonable grounds to believe that the following scenarios happened in the last 3 hours:
• That a person committed an impaired driving offence as defined in section 253 of the Criminal Code
• That the police officer may make a demand that the person should provide breath samples as soon as practicable
• That the breath samples from the person will enable an analysis to determine the driver’s blood-alcohol level as stated by a qualified technician’s opinion
If the person fails or refuses the breathalyzer test without a reasonable excuse considering all of the above under section 254.1 of the Criminal Code of Canada, then the person can face a charge of Refusing a Breathalyzer Test.
At Calvin Barry, You Will Be Defended
Are you in need of a lawyer or are you seeking legal advice about “Refusing breath or blood sample” in Canada? Be sure to contact Calvin Barry Law. Our offices are open and ready to serve you. Everything discussed will be held with complete confidence and privacy. Do not hesitate to contact Calvin Barry Law if you’re looking for a Criminal lawyer in Toronto. We will be happy to answer your questions, review the documents related to your charge, inform you of what can be done for your defense, and respond to your other concerns.
You Have the Right to Refuse a Sample
If a law enforcement officer asks you to provide a breath or blood sample because they believe you are driving. Simultaneously, under the influence of alcohol or drugs, you must talk to a lawyer experienced in criminal defence before making any statement or giving any evidence. Failing to do so could have serious legal repercussions.
But when a police officer requests a breath or blood sample, the driver has the right to refuse. However, this is a serious offence and could lead to a criminal charge. This may be the case if the officer believes the person cannot provide the sample for any reason, including an injury. Refusing the sample is treated the same way as a charge of Impaired Driving or being over the legal limit of alcohol. When faced with criminal charges, it is important to contact an experienced Criminal Lawyer for advice.
Potential Outcomes
If you are behind the wheel, it is wise to cooperate with the police and provide a breath sample when requested. This is best to ensure you are not violating laws and acting responsibly.
Breath tests are a way for police officers to measure the amount of alcohol inside a person’s body.
If the test results suggest that a person has been drinking, they may be charged with a crime.
However, if the breath test was not administered correctly, the person may have grounds for an argument against the results, which could help them avoid a conviction.
Law enforcement officers may sometimes incorrectly ask for a breath sample or administer a breathalyzer test. If this happens, the defence can take advantage of this mistake and either get the charge dismissed or reduce the punishment for the accused.
Remember that just because someone has been charged with a crime does not mean they are automatically guilty of the charge. All Canadians have a right to a fair trial and the assumption of innocence until proven guilty.
For someone to be found guilty of DUI due to drugs or alcohol, the court must be able to prove that the person was indeed impaired while driving.
Call Calvin Barry Immediately
If you have been accused of impaired driving in Canada, you have the right to appear before a judge and present your case. The judge will evaluate the evidence and make an impartial decision on whether or not you are guilty. The onus of determining guilt does not fall on the police or the prosecutor—it is solely the judge’s responsibility.
If you are in Canada and need help with a legal issue involving refusing a breath or blood samples, Calvin Barry and his legal team are here for you. Our team of experienced lawyers will provide you with confidential and private advice. If you have any questions, need to review documents related to your charge, or need advice on what to do for your defence, don’t hesitate to contact us. We are happy to respond to any of your concerns.
10 FAQs about Refuse to Provide a Sample
1. What are the consequences of refusing to provide a breath or blood sample in Canada?
Refusing to provide a breath or blood sample when requested by law enforcement is a serious offence that carries penalties similar to those for impaired driving. The consequences can include fines, license suspension, and a criminal record. If you’re facing such charges, it’s crucial to get legal advice. Request a free consultation to discuss your case.
2. Can I refuse a breathalyzer test in Canada?
While you have the right to refuse a breathalyzer test, doing so is a criminal offence and the penalties are equivalent to those for failing the test. It’s important to understand your rights and the implications of refusal. For expert guidance, fill out our form and we’ll help you navigate your options.
3. How can I defend myself if I refused a breathalyzer or blood test?
4. What should I do immediately after being charged for refusing to provide a sample?
If you’ve been charged, it’s imperative to speak with a lawyer before making any statements that could affect your case. Our experienced DUI lawyers can provide the advice you need. Get in touch with us right away.
5. Is it possible to have the charges dropped for refusing to provide a breath or blood sample?
Yes, charges can be dropped if there are grounds to challenge the evidence or procedures used by the police. To assess the strength of your case, schedule a free consultation with our legal team.
6. What are the penalties for a first-time offence of refusing to provide a sample?
Even first-time offenders face significant penalties, including fines and driving prohibitions. The specifics of your case will determine the best approach to take. For a detailed assessment, reach out for legal advice.
7. Can I challenge the police officer's demand for a breath or blood sample?
Yes, if the officer’s demand was not lawful or you were not properly informed of your rights, it may be possible to challenge it. To understand more about this process, contact us for a personalized legal strategy.
8. What are my rights if I'm asked to provide a breath or blood sample?
You have the right to be informed of the reason for the demand and to consult with a lawyer. It’s crucial to know your rights to ensure they are not violated. For a full explanation of your rights, fill out our form for expert legal advice.
9. How does refusing a sample affect my driving record and insurance?
A refusal can lead to a criminal record, which may impact your driving record and insurance rates. To mitigate these effects, seek legal representation immediately.
Generally speaking, the Crown prosecutor will reject dismissals except when the recognized flaw is obvious and cannot be ignored. An experienced DUI lawyer will know how to work with the case details to achieve the most favourable outcome for the accused while making the other party think they are not at a disadvantage. In most cases, the Crown will opt to drop the DUI charges for the acceptance of a guilty plea for a lesser offence such as careless driving.
10. What legal support can I expect from your firm if I refused to provide a sample?
Our firm provides comprehensive support, from reviewing the details of your charge to representing you in court. We’re committed to defending your rights. Let’s discuss how
Is it possible for a Brampton DUI charge to be dropped?
The Crown prosecutor is likely to drop the DUI charge if their case is so flawed that they cannot win during the trial. If the DUI lawyer knows for certain that the case is flawed but could not convince the Crown prosecutor to drop the case, then the DUI lawyer can use the flaw as a key defence strategy during the trial and possibly achieve a not guilty sentence.
Will auto insurance get affected by a DUI conviction?
A DUI conviction means having to pay higher auto insurance in most cases. Insurance companies may choose not to renew insurance or reject an insurance application for someone guilty of a DUI. If you can find an insurance firm willing to take you as a client, be prepared to be charged a minimum of twice the standard rate.
Can a DUI conviction have an effect on permanent residency in Brampton?
Since impaired driving offences are classified under serious criminality in Brampton, Canadian immigration law Bill C-46, Part 1 says that it is grounds for revocation of permanent resident status and could lead to deportation.
Is it possible to remove a DUI from a person’s record?
Canadian law does allow for the expungement or suspension of a DUI criminal record. This action seals the record from public view while law enforcement can still access the data. Application for a record suspension is possible five years after a guilty plea or a conviction and may need the services of a DUI lawyer.
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What to Do When You Refuse to Provide a Breath or Blood Sample in Ontario
A refusal to provide a breath or blood sample occurs when individual declines to give the police officer access to their breath or blood to determine the concentration of alcohol or drugs in their system. This can lead to criminal
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