Legal Question in DUI Law in Canada

is refusing to take a breathalyser test a criminal offense


Asked on 12/27/14, 3:34 pm

1 Answer from Attorneys

Kenneth Golish Golish, Kenneth W.

A conviction for refusing a demand to provide a breath sample into an approved instrument or an approved screening device carries the same penalty as an impaired driving or over 80 charge. Every refusal however, will not necessarily result in a conviction if there was a reasonable excuse for not providing a sample or if the officer did not have proper grounds to make the demand.

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Answered on 12/28/14, 7:23 am


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