Refusing To Take A Breathalyzer: A Good Idea?
Refusing to take a breathalyzer while being controlled by a police officer will certainly lead to hefty consequences. Indeed, the consequences are worse than if you are actually caught driving under the influence.
In other words, refusing a breathalyzer is THE WORST IDEA. It is always recommended to cooperate with the police officer and to limit your interaction to a minimum until your attorney arrives.
DUI Canada Lawyer helps you understand ALL the consequences of refusing to take a breathalyzer!
When Can A Police Officer Require A Breathalyzer?
If a police officer wishes to arrest someone for driving under the influence or to bring him to the police station, he must have reasonable motives that the driver is drunk or under the influence.
| Did You Know? The burden of proof on the police officers has been reduced in recent years. The requirement of “reasonable motives” is less restrictive. |
|---|
Even without symptoms of intoxication, police officers can require the driver to take a breathalyzer test if they have the tools with them and possess the necessary training. In such a case, the police officer will also have to ensure the tools are working properly.
Therefore, if you are intercepted while driving a vehicle, the police officer is allowed to ask you to immediately take a breathalyzer.
Can I Be Accused Of Refusing To Take A Breathalyzer?
Yes, refusing to take a breathalyzer is just as much an offence as driving under the influence of either alcohol or drugs. If a police officer suspects you of DUI, he has the power to ask you to take a breathalyzer.
Although the police officer might seem to be asking, it is not really a question. It is, in reality, an order that you must follow. If not, you will face serious consequences. The moment you refuse the breathalyzer, you are automatically infringing Article 320.15 of the Criminal Code.
| Article 320.15. 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 section 320.27 or 320.28. |
|---|
As for the offence of driving under the influence, refusing to take a breathalyzer comes with serious consequences in the short and long term:
- A fine,
- A criminal record, and
- Immediate suspension of your driver’s licence.
In practice, refusing to follow an order or to cooperate with the police officer will have similar consequences as admitting your fault for driving under the influence. At this point, it is simpler to take the breathalyzer.
How To Demonstrate The DUI?
No matter the accusation, it will always be the prosecutor who will have the burden to prove that you are guilty without a reasonable doubt. If you refuse to take the breathalyzer, the prosecutor first has to demonstrate that you received a clear order to take the breathalyzer.
The prosecutor will also have to demonstrate that you drove your vehicle in the three hours that preceded your arrest. Of course, the police officer does not have the obligation to arrest you only while driving.
Lastly, the prosecutor will have to demonstrate that, after receiving the instruction to take the breathalyzer, you refused. At this stage, it is also possible for the prosecutor to demonstrate that you had the intention to refuse to comply with the order.
Accused of refusing to comply with a police officer’s order? DUI Canada Lawyer helps you find the lawyer you need!
Accused Of Refusing To Take A Breathalyzer? Here Are The Best Defences
Even if you refused to take a breathalyzer or to comply with an order from the police officer, it is not over yet. Although it is a difficult situation, you still have defences that you or your attorney can raise.
1) Violation Of Your Fundamental Rights
Whenever you seek help from an attorney, the first thing he will do is to verify whether the police officer respected all the procedures and all of your rights:
- unlawful search,
- violation of your fundamental rights (right to an attorney, for instance), or
- failure to comply with procedures and court deadlines.
If your attorney is able to demonstrate that one of your rights has been violated, it is likely that a judge will put an end to the proceedings against you or refuse to accept exhibits.
To demonstrate that your rights have been violated, it is crucial to have a complete file and all the necessary evidence.
2) The Breathalyzer Is Non-Compliant
It is required that the device used by the police officer to test your breath be an approved detection device. When the device doesn’t meet the legal requirements, it is likely that the exhibit will be automatically excluded.
Furthermore, the police officer administering the breathalyzer must have completed proper training and be certified to use the device. Otherwise, the procedure will be deemed non-compliant. In that case, you will be acquitted.
Good to know! This certification must be renewed periodically, and the officer must undergo continuous training.
3) Your Medical Condition
In certain cases, a person’s medical condition may justify refusing to take a breathalyzer. This may apply, for example, if you suffer from asthma or another respiratory problem.
However, while this may justify your refusal to blow into a breathalyzer, the judge can still find you guilty of driving under the influence.
DUI Canada Lawyer helps you find the lawyer you need quickly and entirely for free!
What Are The Consequences Of Refusing To Take A Breathalyzer?
You intended to refuse to comply with the order to avoid the consequences of drinking and driving? That is not a good idea. In fact, the penalty will be even more severe than if your blood alcohol concentration had been over 80 mg per 100 ml of blood.
Here are the possible consequences if you refuse to blow into a breathalyzer in Québec:
1) A Criminal Record
When you are found guilty of refusing to blow into a breathalyzer, you will automatically have a criminal record. While this may not have immediate consequences, it is important to understand what it entails.
For example, if you wanted to travel abroad, your criminal record could affect your plans. It is also the case if you are looking to rent an apartment.
2) Payment Of A Fine
In addition to the seizure of your vehicle, you will also receive a minimum fine of $1,000 for driving under the influence.
However, if you refuse to blow into the breathalyzer, the minimum fine automatically increases to $2,000, double the previous amount.
Moreover, this minimum amount applies only to your first offence. In the case of a repeat offender, the minimum penalty also includes a term of imprisonment.
| Offence | Minimum Penalty | Driving Prohibition |
|---|---|---|
| First | $2,000 fine | 1 year |
| Second | 30 days imprisonment | 2 year |
| Third | 120 days imprisonment | 3 year |
3) Seizure Of Your Vehicle
Even before being found guilty of refusing to comply with the officer’s order, he may seize your vehicle for a period of 30 days, without the judge’s verdict.
If this is your second (or third) offence within the last 10 years, the police officer may automatically seize your vehicle for a period of 90 days.
4) Suspension Of Your Driver’s Licence
If you refuse to blow into the breathalyzer, your driver’s licence will automatically be suspended for 90 days. However, the judge can revoke your driver’s licence for an additional period.
The judge can also require you to install an ignition interlock device. In this case, you will need to blow into the device each time before driving.
Your vehicle will only start if there is a complete absence of alcohol in your system. This sanction may also be accompanied by mandatory participation in the Assessment and Risk Reduction Program For Impaired Driving.
Minimize The Consequences By Consulting A Lawyer Specialized In DUI
Being found guilty of an offence related to impaired driving often comes with very serious consequences. This is even truer if you simply refused to comply with the police officer’s order to take a breathalyzer test.
Fortunately, you can find the right lawyer by filling out the online form of DUI Canada Lawyer to get the right defence.