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Refuse Breath Sample

Payam Javadi

An experienced professional dealing with Refuse Breath Sample cases


Section 254(5) of the Criminal Code (CC) – “Failure or Refusal to Comply with Demand”

  • In Canada, any person who refuses to comply with a drunk driving investigation by refusing lawful demands, such as completing a breath sample or performing field sobriety test, can be found guilty of this charge.

Immediate penalties for refusing a breath sample include:

  • 90-day immediate roadside licence suspension
  • a $275 licence reinstatement fee
  • An immediate vehicle impoundment for 7 days
  • Depending on the circumstances, an ignition interlock condition will be placed on your licence for a minimum 6 months

Additional penalties if convicted:

  • A criminal record
  • Possible prison sentence
  • Minimum 1-year licence suspension for a first offence
  • Minimum three-year licence suspension for a second offence within 10 years
  • Possible lifetime licence suspension for a third or subsequent offence in 10 years (which may be reduced if certain criteria are met)
  • Mandatory enrolment in educational program (usually Back on Track)
  • Mandatory use of an ignition interlock device (for one, three or six years)

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