Failure to Provide Breath Sample

Failure to Provide Breath Sample in Toronto

Many drivers in Ontario feel confused about if they can say no to giving a breath test when police ask them to blow into the bag.

The laws changed just recently. It is normal to feel confused about them. However, it is really important to understand these laws. This way, you will know your responsibilities if you get stopped.

Can I refuse a breath test in Ontario?

Yes, you can say no to a breath test. However, you will face a criminal charge for doing so.

That means you could have a criminal record for a long time and not be able to drive.

You can’t be made to take a breathalyzer test by police on the road or at a Toronto station. However, if you refuse to blow into the bag when the police ask, it is now a crime.

The police officers do not have to give you a lawyer before asking for a breath test. However, they must inform you about what may happen if you refuse the test.

This new federal law started at the end of 2018. It is part of section 320.15 of the Criminal Code of Canada.

Consequences of refusing to give a breath sample

If you refuse to take a breath test, your license will be suspended right away for 90 days. You will also face a criminal charge and might have to go to court.

Unless you can prove to the court that you had a good reason for not taking the test, you will have a criminal record for life.

In reality, it is very hard to do this.

This means that you might face penalties that are the same as those given if you had taken the test and failed it for the first time.

Penalties have two parts. They are explained in the Criminal Code and the Highway Traffic Act.

The criminal penalties are as follows:

• A fine of $2000 for a first offence.
• A minimum of 30 days in jail for a second offence.
• A minimum of 120 days in jail for each following offence.

Jail time for repeat crimes can be as long as ten years. This depends on the type of crime, especially if it is seen as a serious offence.

Penalties Under the Highway Traffic Act 

In addition to the penalties laid out in the Criminal Code, refusing to provide a breath test will mean the following penalties under the Highway Traffic Act for a first offence:

• Automatic licence suspension for 90 days
• $550 administrative penalty
• $275 Vehicle impoundment for seven days

For a second or subsequent offence within 10 years, you must also attend a mandatory education or treatment program.

For a third or subsequent offence within 10 years, you must also use an ignition interlock device for at least six months.

When you get your licence back, your insurance will be more expensive and you may face longer-term challenges with regards to future employment and travel restrictions.

Why should I refuse a breath test?

Some people refuse a breath test because they are not aware of the potentially severe penalties of doing so.

You might feel that you didn’t drink anything or only drank very little alcohol so there is no need to provide a breath test.

Alternatively, it is possible that you know that you are over the limit and think that, by refusing a test, you will escape the harshest punishments.

In all cases, you would be incorrect. You would likely be charged with refusal to comply with a police demand.

That puts you in a difficult position though alternatively, it is possible that you have a valid reason to refuse a breath test, such as injury or illness that prevents you from blowing into the machine.