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What Happens if You Refuse a Breathalyzer in BC?

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.

What Happens if You Refuse a Breathalyzer in BC? Read More »

Weird and Wacky Wednesdays: Episode 332

Weird and Wacky Wednesdays

This week on Weird and Wacky Wednesdays, we look at some unusual 911 calls involving drunk drivers. Sometimes the most unexpected sources of betrayal come from your own inner circle or even your own conscience. This week we see moments of surprising self-awareness and an act of familial justice. The call that seals your fate could come from anywhere. So, buckle up as we consider three stories that beg the question: who’s really got your back?

Weird and Wacky Wednesdays: Episode 332 Read More »

Immigration Consequences & Criminal Convictions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Today, Kyla Lee from Acumen Law Corporation discusses immigration consequences for criminal convictions and how they intersect with Canada’s criminal and immigration laws.

Immigration Consequences & Criminal Convictions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Can You Travel With a DUI? Your Questions Answered

Man packing a suitcase on a bed in a cozy bedroom, preparing for travel.

If you’re facing a DUI charge, or have a DUI conviction, you’re probably feeling a lot of anxiety. It’s a stressful situation, and one of your first concerns might be about your ability to travel, both out of and into Canada. The good news is, you’re not alone. Many people face similar concerns. Let’s break down what you need to know.

1. Can You Leave Canada if You Have a DUI Charge?

The simple answer is generally yes, the Canadian government will not stop you from leaving the country because of a DUI-related arrest or conviction. However, there are some exceptions to this rule.

Can You Travel With a DUI? Your Questions Answered Read More »

Weird and Wacky Wednesdays: Episode 331

This week on Weird and Wacky Wednesdays, we delve into a trio of strange stories that show just how unpredictable the legal world can be. From contraband creativity to peculiar petitions, and a fight between humans and machines, these stories remind us that the boundaries of the law are constantly being tested.

Curious about how technology is challenging traditional norms? Explore another thought-provoking case in “Weird and Wacky Wednesdays: Volume 315.

Weird and Wacky Wednesdays: Episode 331 Read More »

How to Get a DUI Dismissed in Canada

Lawyer discussing legal strategies with a client at a desk, with a gavel and legal documents in the foreground.

If you’ve been charged with impaired driving (commonly referred to as a DUI) in Canada, you’re likely feeling a mix of anxiety and uncertainty about what’s ahead. A DUI conviction can carry serious consequences, including hefty fines, license suspension, increased insurance rates, and even potential jail time.

However, it’s important to remember that being charged with a DUI doesn’t automatically mean you will be convicted. There are several ways to have a DUI charge dismissed or reduced, but navigating the process requires a solid understanding of the legal system, effective defence strategies, and often, the assistance of an experienced lawyer.

In this blog post, we’ll explore strategies to potentially get a DUI charge dismissed in Canada, warnings about the consequences of DUI charges, and why hiring the right lawyer can make all the difference.

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Racketeering & Extradition: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Today, Kyla Lee from Acumen Law Corporation examines an important extradition case involving Peter Nygård, raising critical questions about how Canadian law applies comparative criminal analysis in extradition decisions.

Racketeering & Extradition: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Why Limiting Written Submissions in IRP Cases to 30 Pages is Just Plain Unfair

Close-up of a hand adjusting an unbalanced golden scale of justice, symbolizing inequality or bias in decision-making processes.

As of January 1, 2025, the British Columbia government has bought into force a new regulation limiting written submissions in Immediate Roadside Prohibition (IRP) cases to a paltry 30 pages.

Framed as a measure to streamline the process, this change is nothing short of an attack on the integrity of administrative justice. The IRP system, already riddled with unfairness, now shackles those trying to mount a defence with a draconian restriction that makes it nearly impossible to present a full and proper case.

This arbitrary page limit—imposed by regulation and alterable at the whim of the government—disregards the complex, technical nature of IRP disputes. It is a blatant attempt to tip the scales further in favour of the state while leaving individuals struggling to meet an unrealistic standard.

Why Limiting Written Submissions in IRP Cases to 30 Pages is Just Plain Unfair Read More »

Weird and Wacky Wednesdays: Episode 330

This week on Weird and Wacky Wednesdays, Christmas may be over, but the spirit of mischief lingers on. It seems the season of peace and goodwill gave way to the seven deadly sins: greed, vanity, pride—and whiskey, which isn’t a sin at all. If anything, whiskey is the holiest of spirits. Let’s take a look at these unholy crimes.

For more tales of bizarre happenings and unexpected legal troubles, check out our previous edition, “Weird and Wacky Wednesdays: Volume 297

Weird and Wacky Wednesdays: Episode 330 Read More »

Extradition: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

Today, Kyla Lee from Acumen Law Corporation discusses a critical extradition case that raises questions about the interpretation of cruel and unusual punishment under Canadian law.

Extradition: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

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