What is Refusing a Breath Test?

This offence occurs when a driver refuses to provide a breath sample at locations such as:

• Roadside screening devices
• Mobile police stations
• Police stations using Breathalyzer/Intoxylizer 5000C/8000C
• Hospitals

Penalties for refusing a breath sample are similar to those for impaired driving convictions.

Penalties

First Offence

• Driving prohibition: 1 year
• Minimum fine: $1,000
• Mandatory participation in provincial counselling programs (e.g., “Back on Track” in Ontario)
• Installation of Ignition Interlock/alcohol screening device in your vehicle for 1 year (at your cost)

Second Offence

• Driver’s licence suspension: 3 years (if previous conviction within 10 years)
• Mandatory jail term: 30 days
• Participation in provincial counselling programs (at your cost)
• Ignition Interlock/alcohol screening device installation for 1 year (at your cost)

Refusing to provide a breath sample is treated very seriously under Canadian law, with severe consequences for repeat offenders.