What You Need to Know

Refuse Breath Sample Charges in Ontario

Getting stopped by police is stressful enough—but being asked to blow into a breathalyser can make the moment even more tense. What if you’re unsure of your rights? What if you’re nervous or confused? Refusing to give a breath sample might feel like a safe choice in the moment, but it can actually lead to serious legal consequences.

Let’s break down what this charge means, what the penalties are, and how I can help you fight it.

What is a Refuse Breath Sample Charge?

Under Canadian law, if a police officer makes a valid demand for a roadside or station breath test, you must comply. Refusing to blow is treated almost the same as blowing over the legal limit. You could face the same penalties—or worse.

This charge can be laid on its own or in connection with other DUI charges, such as:

  • Impaired driving
  • Driving over 80 mg (now 80+ mg of alcohol per 100 mL of blood)
Even if you’re not impaired, refusing the test when lawfully requested is considered a criminal offence.

When Can Police Demand a Breath Sample?

An officer can demand a roadside breath test if they have reasonable suspicion that:
  • You’ve consumed alcohol
  • You’ve been driving within the past 3 hours
They can request the sample:

Refusing to provide a breath sample carries its own set of penalties, which can be severe and increase with subsequent offenses.

  • At the roadside
  • At a police station
  • At a hospital (in cases of injury or accident)
Thanks to changes in the law, police no longer need to see signs of impairment. Mandatory screening allows them to demand a test during any lawful stop, such as a RIDE check.

Penalties for Refusing a Breath Sample

  • One-year licence suspension
  • Minimum $1,000 fine
  • Mandatory alcohol education or treatment program
  • One year with an ignition interlock device

For a second offence within 10 years:

  • Three-year licence suspension
  • Minimum 30 days in jail
  • Mandatory education program and interlock
Multiple offences can lead to longer suspensions, higher fines, and lifetime record impacts.

Legal Defences: Can You Fight This Charge?

Yes. There are several ways to challenge a failure to provide a breath sample charge, especially when your rights weren’t fully respected. Here are the most common defences: 1. No Valid Demand The officer must make a clear and lawful demand. If they didn’t follow protocol, the case may be dismissed. 2. Reasonable Excuse There are legal reasons why someone may be unable or unwilling to blow:
  • Medical conditions (asthma, anxiety, respiratory issues)
  • Language barrier that prevents understanding
  • Equipment malfunction
  • Unreasonable conditions, like exposure to extreme cold or confusion due to injury

3. Police Misconduct or Errors
If officers were aggressive, unclear, or denied your right to speak to a lawyer, your Charter rights may have been violated.

4. Refusal Was Not Final or Unequivocal
The refusal must be final and clear. If you hesitated, asked questions, or later agreed to blow, this can be used in your defence.

Why Hire a Refuse Breath Sample Lawyer?

This is not a ticket—it’s a criminal charge. A conviction can leave you with a permanent record, affect your job, insurance, and ability to travel internationally.

As your lawyer, I can:

  • Review every step the police took
  • Examine breathalyser device maintenance and use
  • Identify weak spots in the Crown’s case
  • Fight to have charges dropped or reduced
I’ve successfully defended clients across Brampton, Mississauga, and the GTA facing impaired-related charges. I’ll guide you clearly, keep you informed, and always fight for your best outcome.

Real Example: Honest Mistake, Strong Defence

A client was pulled over at a RIDE stop and panicked when asked to blow. English wasn’t his first language. He didn’t understand the officer’s instructions and failed to blow correctly. He was charged with refusal.

We proved he was confused, not defiant, and that no interpreter was offered. The charge was withdrawn.

What Should You Do If You’ve Been Charged?

  1. Don’t panic – the process is stressful, but you’re not alone.
  2. Gather your paperwork – ticket, court documents, notes about the stop
  3. Write down everything you remember – timing, what was said, how the device was used
  4. Call me immediately – early defence gives us the best shot

Why Work With Me

  • No judgement, just help – I’m here to get you through this
  • Clear communication – I speak your language, not legalese
  • Decades of DUI defence experience – and I handle your case myself
  • Trusted by the courts – respected in Brampton and beyond

FAQ: Refuse Breath Sample Charges

Is refusing a breath sample as bad as a DUI?
Yes. Refusal carries the same penalties as a DUI—even if you weren’t impaired.
Yes. A minimum one-year suspension applies, even on a first offence.
If your refusal wasn’t final or if you had a valid excuse, you may have a defence.
Possibly. If there were errors in how the test was requested or your rights weren’t respected, charges can be challenged.
Absolutely. This is a criminal offence. A lawyer can protect your record and help you avoid life-changing consequences.
A refusal conviction may limit your ability to travel to the United States. Another reason to fight it.
Your lawyer will handle your appearance, negotiate with the Crown, and aim to resolve the matter favourably.

Call Today for a Free Consultation

Don’t let one moment of confusion define your future. If you’ve been charged with refusing a breath sample, I’m ready to help. Let’s protect your record, your licence, and your peace of mind.
Contact Gary Batasar