- Is the refusal to take a breathalyzer test in Ontario, the same as if you took the test and failed?
- The short answer is yes. The logic why, is incredibly important for you to understand.
- Let’s get started with some context.
- You’ve been pulled over by the Police because they suspect that you’ve been drinking and driving.
- And you end up getting charged with refusal to provide a breath sample. And you’re facing the same penalties as if you failed a DUI test.
- Here are 3 things you need to know.
🔴 Resources: How To Get Out of a DUI First Offence
► How to get out of a DUI first offence? Part 1
► How to get out of a DUI first offence – Part 2 (4 Things You Need To Know)
► How to get out of a DUI first offence – Part 3 “Careless to DUI – The Penalties”
► How to get out of a DUI first offence – Part 4 “Careless to DUI – Should I Plead Guilty”
► How to get out of a DUI first offence. Part 5 – Talk to the Judge? (NO!!!!)
1/ In Ontario, the Police can demand that you take a breathalyzer test
- What’s critical is that the demand the Police make has to be legal.
- And there are rules that the Police must follow to ensure that the demand was a legal demand.
- If those rules were not properly followed, then it may be possible to get your refusal to blow charge withdrawn.
2/ You can’t refuse to take a breathalyzer test
- If you refuse to take a breathalyzer test, that failure to comply with the breathalyzer test demand, is a crime under the Criminal Code of Canada.
- Some people believe that they have a right to refuse to blow. That is not true.
- And, some people believe that they can refuse to blow if they haven’t had a chance to speak with a lawyer. Again, that is not true.
- The law is clear. As long as the request the Police made was lawful, then it’s a crime if you refuse to take that alcohol breathalyzer test.
3/ The penalty for refusing the breathalyzer test is the same as if you took the test and failed
- The logic behind this law is that your refusal to take a breathalyzer test is a strong indicator that your blood alcohol level is over 80. Because if it wasn’t, then you wouldn’t refuse to take the alcohol breath test.
- So, the law treats you like you were in fact impaired driving over the 80 milligram threshold of alcohol for every 100 milliliters of blood, which is know as an over 80 charge.
- While that logic may seem extreme, the government has implemented these strict laws with harsh penalties to keep the public safe.
Is refusing a breathalyzer in Ontario the same as a DUI?
No, refusing a breathalyzer in Ontario is not the same as a DUI, but it still carries severe consequences. Refusing a breathalyzer test can result in an automatic license suspension and potentially a criminal charge of impaired driving. In addition, evidence of the refusal can be used against you in court.
What are the consequences of refusing a breathalyzer in Ontario?
The consequences of refusing a breathalyzer in Ontario can include an automatic license suspension, a potential criminal charge of impaired driving, and the evidence of the refusal being used against you in court. It's important to consult with a DUI lawyer if you have been charged with refusing a breathalyzer, as the penalties can be significant.
