Refusing a breath test is treated just as seriously as failing one. Even hesitation or confusion at the roadside can result in a criminal charge.
Failure to provide a breath sample is not a minor technicality—it’s a full criminal offence, often laid when police believe a person is trying to avoid a DUI. But these cases can be more complicated than they seem.
- Was the demand made properly?
- Did the officer explain your rights?
- Was there a valid reason for your inability to blow?
We examine the timing, language, and conduct of both parties to determine whether the charge can be challenged. If the process wasn’t followed by the book, the charge may not stand up in court.
Popular questions about failure to provide breath sample
Charged for refusing a breath test? Contact us for a free consultation. There may be valid legal reasons to challenge the allegation—and avoid a criminal record.
Is refusing a breath test a criminal offence in Canada?
Yes. Refusing or failing to provide a breath sample upon lawful demand is a criminal offence that carries the same penalties as an impaired driving conviction.
What if I didn’t understand the police instructions?
Can I be charged if I tried but physically couldn’t provide a sample?
What are the consequences of a conviction?
Schedule your free consultation today!
Our team will answer your questions and talk you through potential next steps.
