Refusal to Provide a Breath Sample

Facing a criminal charge for refusing to provide a breath sample in Alberta can lead to severe consequences, including potential jail time and a criminal record.

Geoff Green, an experienced criminal defence lawyer in Edmonton, can help you navigate this challenging situation with a free initial consultation.

Refusing to provide a breath sample when asked by law enforcement during a roadside stop or at the police station is treated as seriously as impaired driving itself under Canadian law. If you’re facing these charges, Geoff can help you understand the potential penalties and how a strong legal defence can be effective in your case.

What Does It Mean to Refuse to Provide a Breath Sample?

Refusing to provide a breath sample during a DUI stop is considered a criminal offence under the Criminal Code of Canada, with penalties that can match or exceed those for impaired driving.

In Alberta, when a police officer suspects that a driver is impaired by alcohol, they can demand a breath test using an approved screening device. If you refuse to comply, you are breaking the law, and this refusal can lead to serious criminal charges.

Under Section 320.15 of the Criminal Code of Canada, refusing or failing to comply with a demand for a breath sample is a crime. This offence carries severe penalties similar to those imposed on impaired driving, as it’s treated as an attempt to obstruct the investigation.

What Happens During a Roadside Stop?

During a roadside stop, police officers can demand a breath sample if they have reasonable grounds to believe a driver is impaired by alcohol.

This initial breath test is typically done using an approved screening device. If the roadside test indicates impairment or if the driver refuses to provide a breath sample, they may be arrested and taken to the police station for further testing.

In Alberta, it’s important to note that law enforcement officers don’t need to prove beyond a reasonable doubt that you are impaired before asking for a roadside breath test. The threshold is much lower—an officer only needs to have reasonable suspicion that you’ve consumed alcohol.

In addition, the officer can make a mandatory demand for your breath under s.320.27(2) of the Criminal Code, without even having a reasonable suspicion.

A charge for refusing to provide a breath sample, can be for a roadside breath sample (s.320.27(2) or evidentiary breath sample at the police station under s.320.28. The consequences are the same for each.

Penalties for Refusing a Breath Test

The penalties for refusing to provide a breath sample can be just as severe, if not worse, than those for impaired driving.

You could face significant fines, jail time, a criminal record, and an automatic licence suspension if convicted. The consequences can be life-altering, affecting your driving privileges and your personal and professional life.

In Alberta, the penalties for refusal to provide a breath sample typically include:

• A minimum fine of $1,000
• A criminal record
• An automatic licence suspension of at least 90 days, followed by mandatory participation in the Ignition Interlock Program for 12 months
• Possible imprisonment for up to 10 years for more serious cases, especially if you have prior offences
• Increased insurance premiums

The refusal charge carries the same weight as an impaired driving conviction, and repeat offenders may face harsher sentences.

Understanding the Legal Process After a Refusal Charge

After being charged with refusing to provide a breath sample, you will need to appear in court to face the criminal charges.

The prosecution will aim to prove that you deliberately refused to comply with a lawful demand for a breath test. If convicted, the consequences are serious, but there are ways to defend against these charges.

Geoff Green has over 25 years of experience in criminal law and has successfully defended hundreds of clients charged with impaired driving and refusal offences. He can help you understand your rights, the strength of the case against you, and the best legal strategy for your defence.

Legal Defences for Refusing to Provide a Breath Sample

There are many defences that can be used to fight a charge of refusing to provide a breath sample, depending on the circumstances of your case.

Geoff Green will carefully examine the details of your arrest to determine the best approach to challenge the charges. Some options include:

• Unlawful Demand: The police must have reasonable grounds to request a breath test. If they did not, the demand may be considered unlawful, and the charge could be dismissed.
• Medical Condition: If you had a legitimate medical reason that prevented you from providing a breath sample (e.g., asthma or another condition affecting your ability to blow into the breathalyzer), this could be a valid defence.
• Miscommunication: There may have been confusion about the instructions or your ability to comply with the test. If this is the case, it may be possible to argue that you didn’t intentionally refuse the breath test.
• Improper Procedure: Police officers must follow specific procedures when administering a breath test. If these procedures were not followed, it could weaken the prosecution’s case.

Geoff Green understands how crucial it is to challenge any procedural mistakes made by law enforcement, and he will use this knowledge to build a strong defence for you.

The Impact of a Criminal Record for Refusing a Breath Sample

A conviction for refusing to provide a breath sample results in a criminal record, which can have long-term consequences.

A criminal record can make finding employment, travelling internationally, or applying for loans or professional licenses challenging. It can also damage your personal reputation and relationships.

If you are facing a refusal charge, it’s important to consult with an experienced criminal defence lawyer like Geoff Green to explore all possible avenues to avoid a conviction and the long-term effects of a criminal record.

How a Criminal Defence Lawyer Can Help

Working with a skilled criminal defence lawyer can make all the difference when facing charges for refusing to provide a breath sample.

Geoff Green understands the complexities involved in DUI and refusal cases and will use his expertise to protect your rights throughout the legal process.

By reviewing the evidence, identifying any weaknesses in the prosecution’s case, and presenting compelling arguments in court, Geoff will work tirelessly to achieve the best possible outcome for you. Whether it’s negotiating with the Crown for a reduced sentence or fighting for an acquittal, Geoff’s experience ensures that you will have a strong advocate by your side.

Frequently Asked Questions about Refusal or Failure to Provide a Breath Sample Charge in Alberta

Is refusing to provide a breath sample treated the same as an impaired driving charge?

Yes, under Alberta’s impaired driving laws, refusing or failing to provide a breath sample is treated similarly to a DUI charge. A refusal can result in penalties that mirror those for impaired driving, including licence suspension, fines, and potential jail time.

Can you still be convicted of impaired driving if you refuse to provide a breath sample?

Yes, refusal to provide a breath sample can lead to a conviction even without direct blood alcohol evidence. Courts may infer impairment from the refusal, and you can face the same legal consequences as if you had been proven to be over the legal blood alcohol limit.

Are there any valid defences for failing to provide a breath sample?

Yes, but they are limited. Valid defences might include medical conditions that make it physically impossible to provide a sample, or improper procedures by law enforcement. Consulting with an experienced DUI lawyer in Edmonton is crucial to explore these defences.

Does refusal to blow automatically result in a criminal record?

Yes, if convicted of refusal to provide a breath sample, you will likely receive a criminal record in Alberta. The conviction is treated as a criminal offence, similar to impaired driving charges, and can have long-term consequences for employment, travel, and insurance.

How long is the licence suspension for refusing to provide a breath sample in Alberta?

Refusing to provide a breath sample typically results in an immediate licence suspension under Alberta’s Administrative Licence Suspension program. The suspension can last up to 90 days, followed by a year of mandatory participation in the Ignition Interlock Program, depending on the circumstances of the case.

Schedule a Free Consultation with Geoff Green

If you’ve been charged with refusing to provide a breath sample in Edmonton or anywhere in Alberta, don’t wait to get the legal help you need.

Geoff Green offers free initial consultations to discuss your case, review the evidence, and provide sound legal advice on moving forward. With over 25 years of experience in criminal law, Geoff is dedicated to defending your rights and helping you achieve the best possible outcome.

Contact Geoff Green for a free consultation today and start building your defence against refusal to provide a breath sample charge. Whether you need advice on the legal process or a comprehensive defence strategy, Geoff is here to help you through this challenging time.