Refusing Breathalyzer Ontario

When a driver is stopped driving a motor vehicle in Ontario the police officer may demand that the driver take a breathalyzer test.  If the driver refuses the driver may be charged with Refusing to take a Breathalyzer Test.

The police may demand a breathalyzer test when;

1.The police officer observes the driver driving a motor vehicle.
2.The police officer smells the odor of an alcoholic beverage on the driver's breath.
3.The police officer as asks the driver if they have consumed alcohol and the driver admits that they have consumed alcohol prior to driving.
4.The police officer has arrested the driver for impaired driving, and;
5.The police officer has reasonable and probable grounds to believe that the accused ability to drive has been impaired due to the consumption of an alcoholic beverage.

When requested to supply a sample of breath for a breathalyzer the driver must comply with the officers demand. If the driver does not comply with the police officer the officer may arrest the driver.

Refusing Breathalyzer Ontario

The penalty for Refusing a Breathalyzer Test in Ontario is the same as if the driver took the test and failed.

The charge of Refusing a Breathalyzer has the following penalties;

1. the loss of driver license for at least one year,
2. a criminal record and; 3. a fine between 1000 and 2000 dollars
4. insurance increase of thousands of dollars per year
5. mandatory alcohol and drinking and driving counseling
6. you may lose your livelihood, loss of employment, if you cannot drive
7. the cost to reinstate your drivers license after conviction is approx $3,500.00

Although a refuse breath test charge may seem straight forward in that the driver either did or did not provide a breath sample there are legal issues that the police and prosecution have to prove to convict a driver of this charge.

In my criminal law practise I specialize in dendeing drivers charged with Drinking and Driving offences and Drive over 80 charges.  Having represented thousands of drivers over the years I am an expert in criminal defense law for Drive over 80mg offenses.

I offer a free initial consultation to discuss your case in detail without charge.  Call me at 416-878-2275 your Toronto Drive over 80mgs Lawyer.

If there is a way to win your case I will find it!

Toronto Criminal Lawyer
Nicholas Charitsis

+1 416-878-2275


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