Fight Fail/Refuse to Provide Breath Sample Charges
Failing to comply with an officer’s demand to provide a sample of your breath will result in a criminal charge.
This charge may come as a result of failing or refusing to provide a breath sample at:
- the roadside (with a screening device)
- a police station (with a Breathalyzer or Intoxilyzer)
- a mobile police station
- the hospital
The penalties for a conviction are similar to that of impaired driving.
Minimum penalty for first offence
- Driving ban for one year
- Minimum fine of $1000
- Mandatory participation in “Back on Track” program (at your cost)
- Installation of an Interlock Ignition alcohol screening system in your vehicle for one year, at your own cost
Minimum penalty for second offence
- Suspension of your driver’s licence for three years, if your new conviction is within 10 years of your previous one
- Minimum, mandatory jail time of 30 days
- “Back on Track” program participation for 11 months
- Installation of an Ignition Interlock system in your vehicle for three years, at your own cost
The Ministry of Transportation’s “Back on Track” counselling program costs $578. You will be required to attend classes and complete medical/psychological assessments throughout the course.
Fight your fail/refuse to provide breath sample charge to keep your record clean
We at XPolice do not provide these services but are proud to refer you to trusted lawyers that have met the needs of many of our clients in the past. You should be informed that it is illegal for any paralegal to represent anyone for this or similar driving charges without being under the direction of a lawyer.