REFUSE BREATHALYZERImpaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario)
It is an offence to not provide breath samples pursuant to a lawful demand from a police officer.
The operative word here is “lawful”. Many of the same defences that would apply to an over 80 charge also apply to refuse charges. For example, if the prosecution is not able to establish that the officer making the demand had reasonable and probable grounds then this charge will fail. It is only the refusal to comply with a lawful demand that constitutes a criminal offence.
The most common defence to this type of charge is that the driver was physically unable to provide a breath sample and that his failure to do so was not intentional. An experienced lawyer will often marshal medical evidence in order to support his client’s position that his failure to provide a breath sample was unintentional.