"Failure or Refusal to Comply with Demand"

Many past clients have expressed their disbelief that the consequences of refusing a breath test or failing to provide a sample into a breathalyzer have the same legal consequences to "Impaired Driving" or "Over 80". Furthermore, the Crown Attorney may have an easier time proving a refuse case against you as there are less elements to prove beyond a reasonable doubt. If you are charged with the offence of "Refuse Breathalyzer or Fail to Provide a Sample" in Ontario, your situation is not hopeless as many may lead you to believe. Call Song Criminal Defence and get the information and help you need to beat your charges.

Criminal Code of Canada, s. 320.15 (1)

Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under s. 320.27 or s. 320.28.

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity
2. Date and Time of Offence
3. Jurisdiction
4. Accused was operating a conveyance
5. Police officer had proper grounds to demand you blow into the roadside approved screening device or a breathalyzer.
6. Police officer made a proper demand.
7. Physically possible for Accused to give a sample and/or giving said sample would not endanger the Accused's life.

Available Dispositions on Conviction | "Punishment"

1. Criminal Record: An Impaired Driving conviction will result in a criminal record.
2. Fine: A monetary fine plus a surcharge. The amount of the fine is often based on the BAC level registered.
3. Licence Suspension: A driver's licence suspension for a period of 1 year under the Criminal Code with potential eligibility for entry into the Early Ignition Interlock Program which will reduce your licence suspension upon a plea of guilt based on the time that has passed between the date of arrest to the date on which the guilty plea is entered and a conviction registered.
4. Back on Track: A government run program which includes an intake interview, a class, and a follow-up telephone call.
5. Ignition Interlock

Negative Collateral Effects

1. An immediate 7-day vehicle impoundment: The vehicle you are operating will be immediately towed and impounded from the scene regardless of ownership for a period of 7 days.
2. An immediate administrative licence suspension: Your licence will be suspended for 90 days from the date of arrest.
3. Insurance: Significant increase in insurance premiums if your insurance company still decides to provide coverage.
4. Immigration: Potential removal and/or deportation orders issued for permanent residents and visa holders upon conviction.
5. Potential issues with travelling if one has an existing criminal record.
6. Monetary cost and difficulty associated with arranging alternative transportation while under licence suspension.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.