Driving Offences Impaired/Over 80 (DUI)

Do I Have to Provide a Breath Sample to the Police?

Do you need to Provide a Breath Sample to the Police?

If you’re stopped by the police in Brampton or anywhere in Ontario, you may be asked to provide a breath sample. Understanding your legal obligations in such situations is crucial, as failing or refusing to comply can lead to serious consequences, including criminal charges under section 320.15(1) of the Criminal Code of Canada. At Nirwal Law, we help clients navigate these complex situations, ensuring their rights are protected.

When Can Police Request a Breath Sample?

The police can request a breath sample under specific circumstances, such as:

  1. During a Routine Traffic Stop: Police can now demand a roadside breath sample without needing suspicion that the driver has consumed alcohol.
  2. When There’s Reasonable Suspicion: If an officer suspects you’ve consumed alcohol (e.g., they smell alcohol on your breath or observe erratic driving), they can demand a roadside breath test.
  3. After an Accident: If you’re involved in a motor vehicle collision, the police may request a breath sample as part of their investigation.

 

Do I Have to Provide a Breath Sample?

In most cases, the law requires you to comply with a demand for a breath sample. Refusing or failing to provide a sample without a valid excuse is a criminal offence under section 320.15(1) of the Criminal Code, known as Failure or Refusal to Provide a Sample.

However, there are two types of breath sample demands:

  1. Roadside Screening Device: This is a preliminary test conducted roadside to determine if further testing is necessary.
  2. Evidentiary Breath Test: If the roadside test indicates alcohol consumption, you may be taken to a police station for a more accurate test.

 

What Happens if I Refuse to Provide a Breath Sample?

Refusing to provide a breath sample is treated as seriously as driving over the legal alcohol limit. If convicted, you could face:

  • A Criminal Record: Which can impact employment, travel, and other aspects of your life.
  • Fines: Starting at $2,000 for a first offence.
  • License Suspension: An automatic one-year suspension or longer for repeat offenders.
  • Imprisonment: For subsequent offences or aggravating factors.

 

Refusal charges are difficult to defend without experienced legal assistance.

Can Refusing Be Justified?

There are limited circumstances where refusing may be justified, such as:

  • Medical Reasons: If a medical condition prevents you from providing a sample, this could form a defence.
  • Unlawful Demand: If the police did not have grounds to request a sample or failed to follow proper procedures, the demand could be challenged.

 

Why You Need a Criminal Lawyer for Breath Sample Charges

Charges related to Failure or Refusal to Provide a Sample can be complex, and the consequences are severe. A skilled criminal lawyer can:

  • Challenge the Demand: Assess whether the police acted lawfully in requesting the sample.
  • Identify Procedural Errors: Investigate whether the breath testing equipment and process complied with legal standards.
  • Defend Your Rights: Present a strong defence if your refusal was justified.

 

At Nirwal LawManbir Nirwal has extensive experience defending clients in Brampton and throughout Ontario against impaired driving and refusal-related charges. Our firm understands the nuances of the law and is committed to securing the best possible outcome for your case.

What Should You Do If You’re Charged?

If you’ve been charged with Failure or Refusal to Provide a Sample, here’s what you should do:

  1. Remain Calm and Polite: Avoid arguing with the police during the interaction.
  2. Contact a Lawyer Immediately: Reach out to Nirwal Law for legal advice as soon as possible.
  3. Preserve Evidence: Document any details about the incident, such as whether you were informed of your rights or if there were technical issues with the equipment.

 

Why Choose Nirwal Law?

At Nirwal Law, we understand how serious these charges can be and the impact they can have on your life. Manbir Nirwal, a respected criminal lawyer in Brampton, works tirelessly to build a strong defence for every client. Our goal is to challenge the evidence against you and explore all avenues for resolving your case.

Our personalized approach ensures that you feel supported every step of the way. Whether it’s contesting the validity of the breath sample demand or negotiating with the Crown, we’re here to protect your rights and your future.

Contact Nirwal Law Today

If you’re facing charges for failing or refusing to provide a breath sample, don’t face the legal system alone. Contact Nirwal Law today to schedule a consultation and learn how we can help. As one of Brampton’s most trusted criminal defence firms, we are dedicated to achieving the best results for our clients.

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