REFUSING A BREATH SAMPLE

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) http://www.remedial.net/
• Mandatory use of an ignition interlock device (for one, three or six years)

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