Kyla Lee

Serious Consequences of Refusing a Breathalyzer

Refusing to take a breathalyzer test in British Columbia may seem like a way to avoid a DUI charge, but in reality, it often results in severe consequences. Under BC law, refusing a lawful request for a breath sample carries penalties that are as harsh—or sometimes harsher—than those for failing the test.

Legal Obligation to Provide a Breath Sample

Under the Criminal Code of Canada and BC’s Motor Vehicle Act, drivers are legally required to provide a breath sample if requested by law enforcement. Police officers can make this request in several circumstances, even when it might not seem obvious.

Approved Screening Device Demand

Officers can demand a breath sample during a traffic stop for suspicion-based or mandatory alcohol screening:

• Mandatory Alcohol Screening: Allows officers to request a breath sample without any specific suspicion during lawful traffic stops.
• Suspicion-Based Screening: Requires reasonable suspicion of alcohol consumption, such as observable signs like slurred speech or bloodshot eyes.

Both demands require immediate compliance, as delaying or refusing could result in penalties.

Approved Instrument Demand

At a police station, a more precise test using an Approved Instrument may be required. Officers must have reasonable grounds to believe a driver was impaired to issue this demand. Unlike roadside tests, drivers have the right to consult a lawyer before providing a sample.

Penalties for Refusing a Breathalyzer

Refusing a breathalyzer triggers both immediate and long-term consequences:

• Immediate Roadside Penalties:
  • 90-day driving suspension.
  • 30-day vehicle impoundment with associated costs.
  • $500 administrative penalty.
• Criminal Penalties:
  • Permanent criminal record.
  • Fines starting at $2,000.
  • One-year mandatory driving prohibition.
  • Increased penalties for repeat offenders, including jail time.
• Insurance and Rehabilitation:
  • Higher ICBC insurance premiums.
  • Required participation in programs like the Responsible Driver Program or ignition interlock installation.

Defences for Refusing a Breathalyzer

Several defences may apply, depending on the specifics of your case:

• Unlawful Breath Demand: Police must follow legal procedures when issuing a breath demand. Any failure may invalidate the charge.
• Medical Conditions: Conditions like respiratory disorders may make compliance impossible and serve as a valid defence.
• Unclear Instructions: If officers failed to explain the consequences of refusal, the charge could be challenged.
• Charter Violations: Breaches of your rights, such as denial of access to legal counsel, may lead to dismissed charges.

Drivers only need to provide a “reasonable excuse” for refusing a sample, and the burden of disproving it lies with the Crown.

Why You Should Hire a Lawyer

Refusing a breathalyzer is a serious charge, but an experienced lawyer can:

• Analyze Evidence: Identify inconsistencies or procedural errors in police reports, video recordings, or medical records.
• Challenge Procedures: Argue for dismissal if officers failed to follow proper legal protocols.
• Minimize Penalties: Negotiate reduced penalties or alternative sentencing arrangements to lessen long-term impacts.

Protect Your Future

Refusing a breathalyzer in BC carries significant consequences, but with the right legal strategy, you may be able to minimize or avoid penalties. Consult a lawyer immediately to protect your rights and explore your defence options.