Were You Charged with Refusing to Provide a Breath Sample?

If so, talk to a DUI attorney at our Abbotsford or Surrey, BC office

TRAFFIC OFFENCES WE REPRESENT DUI / Impaired Driving | Driving While Prohibited | Dangerous Driving Refusing to Provide a Breath Sample | Hit and Run

The criminal charge of 'refusing to provide a breath sample is related to DUI and impaired driving.

If a police officer suspects a person of impaired driving, that officer can demand the suspected impaired driver to blow into a roadside breathalyzer. It’s a criminal offence to fail or refuse, without reasonable excuse to provide a breath sample upon demand.

Did You Have a Reasonable Excuse Not to Provide a Breath Sample?

Whether or not a refusal to provide a breath sample is reasonable depends on the circumstances. For example, if blowing into a breathalyzer is extremely difficult or will likely cause you harm, that could be a reasonable excuse.

Other reasonable excuses found by courts in Canada include:

• The accused had just smoked some cigarettes. The police officer told the accused the cigarettes could give a bad reading. Since the accused believed on information told to him by a police officer that the breathalyzer result was a reasonable excuse.
• When an accused was to be taken 100 miles away to provide a breath sample from where he was pulled over was held to be a reasonable excuse.
• Where the accused believed, based on direct observation, that the breathalyzer result will be inaccurate. (Note, however, that courts in Canada treat any breathalyzer accuracy concern defence differently, and that this issue is still evolving in BC.).
• When a police officer gave an accused an unwrapped mouthpiece, the court found the accused was reasonable in refusing because of her sanitation concerns.

Talk to a DUI Attorney In Our Office Today

These are just some examples of what Canadian courts found as a reasonable excuse for providing a breath sample. Each finding of reasonable excuse is based strictly on the circumstances of the case. That's why if you’ve been charged with refusing to provide a breath sample, talk to a DUI attorney about the details of your case.

We offer a free initial consultation for people charged with crimes. This means you can come in and talk to one of our impaired driving lawyers about your case at no cost and no obligation to you.

Call us today toll free at 1.877.753.4793 to discuss your case today.

Impaired Driving Lawyers Serving Abbotsford, Surrey, and Greater Vancouver, BC.

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