Navigating the complex world of Ontario’s DUI laws can be challenging, especially when it comes to understanding what happens when someone is charged with refusing a breathalyzer test. This blog breaks down the five essential aspects you need to grasp about being charged with a breathalyzer refusal in Ontario.
1. Are You Allowed to Refuse a Breathalyzer Test in Ontario?
Contrary to what some might think, the short answer is no. The Criminal Code of Canada stipulates that when law enforcement officers legally request you to take a breathalyzer test, compliance is not optional. Declining the test equates to breaking the law, leading to a charge of refusal to take a breathalyzer test.
2. Can You Decline the Breathalyzer Test to Consult a Lawyer?
Again, the answer is no. Legally, you don’t possess the right to consult a lawyer before consenting to a breathalyzer test. The Canadian Charter of Rights and Freedoms ensures everyone’s right to a lawyer, but this privilege pertains exclusively to those under arrest. So, if you’re merely asked to take a breathalyzer test, the right to legal counsel does not apply.
3. Can Law Enforcement Officers Force You to Take a Breathalyzer Test?
No, they cannot. If you decide not to take the breathalyzer test, the police cannot use physical force to compel you.
4. Consequences of Refusing a Breathalyzer Test in Ontario
If you refuse to comply with the demand for a breathalyzer test, the police will charge you under section 320.15 of the Criminal Code of Canada. Being found guilty of this criminal charge will result in you receiving a criminal record and facing serious charges under Ontario’s Highway Traffic Act.
5. Immediate and Long-term Penalties of Breathalyzer Refusal
Once you’re charged with a breathalyzer test refusal, you’ll face immediate repercussions. Your license will be suspended for 90 days, and your vehicle will be impounded for a minimum of 7 days.
These penalties will be enacted irrespective of the final verdict on your refusal charge. If you are ultimately convicted of refusal to comply with a breathalyzer demand, you’ll have a criminal record and be subjected to numerous penalties. These penalties can range from fines to potential jail time if you have previous convictions or if your charge includes aggravating circumstances, such as involvement in an accident.
This blog aims to clarify the process and potential outcomes of being charged with refusal to take a breathalyzer test in Ontario, ensuring that you’re aware of your obligations and the potential penalties for non-compliance.
What happens if you refuse to provide a breath sample in Ontario?
If you refuse to provide a breath sample in Ontario, you will face the same penalties as if you were convicted of impaired driving, including hefty fines, license suspension, and a criminal record. Additionally, the police may obtain a warrant to take a blood sample for evidence.
Can a lawyer help if you have been charged with refusal of a breathalyzer in Ontario?
Yes, a lawyer can help if you have been charged with refusal of a breathalyzer in Ontario. An experienced impaired driving lawyer can review the evidence and circumstances of your case, and provide you with the best possible defence. They can negotiate on your behalf and work to achieve the best possible outcome for your case.
