REFUSE BREATHALYZER

Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario)

OFFICE LOCATIONS

1-800-799-0899

1-905-456-1053

Brampton Office
17 Ray Lawson Blvd., Unit 4, Brampton, Ontario L6Y 5L7.

Etobicoke Office

4214 Dundas Street West, Suite 207, Etobicoke, Ontario M8X 1Y6

St. Catharines & Niagara Office
58 Ontario Street, St. Catharines, Ontario L2R 5J4

Guelph Office
62 Carden Street, Guelph, Ontario N1H 3A3

Orangeville Office
229 Broadway, Unit 6, Orangeville, Ontario L9W 2K1

Hanover Office
443 – 14th Avenue, Hanover, Ontario N4N 2Y3

Kitchener Office
19 Weber Street East,
Kitchener, Ontario N2H 1C2.

REFUSE BREATHALYZER

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 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. The experienced drinking and driving specialist will often marshal medical evidence in order to support his client’s position that his failure to provide a breath sample was unintentional.