FAQs and Answers by a Criminal Defence Lawyer

Q: If I’m pulled over and asked to breathe into a breathalyzer do I need to do so?

A: Obviously the police can’t physically force you to breath into it.  That said, if you refuse, the police can charge you with “refusing to provide a breath sample”.  The consequences of this charge can be as bad as failing a breathalyzer.

The Supreme Court of Canada has decided that although you are detained in order to provide a breath sample, the Criminal Code which permits police to demand a breath sample is a reasonable limit to your right to counsel before providing a roadside breath sample.