Refusal or Failure to Provide a Blood / Breath Sample
Section 254(5) of the Criminal Code makes it a criminal offence to refuse or fail to provide a sample of your breath or blood upon a lawful demand made by a peace officer. This applies to failing or refusing to provide a sample into either a roadside screening device, or an evidentiary instrument at the police station.
While Refusing a sample and Failing to provide a sample both fall under s. 254(5) of the Criminal Code, there is a slight difference between the two. Refusing a sample refers to situations where you are required to provide a sample, and you simply refuse by words or actions that amount to ‘no I will not do it’. Failing to provide a sample refers to a situation where you make multiple attempts to blow into a device, but you do not blow adequately enough to register a reading.
Because a refusal or failure can be caused by legitimate reasons, this charge can be defended by demonstrating that you had a reasonable excuse for the failure or refusal. For example, a reasonable excuse and defence to this charge would be that you had some sort of medical condition that prevented you from blowing hard enough to provide a sample.
Note that as with Over 80, a charge for refusal can also be accompanied by a charge for impaired driving. In order to avoid a criminal conviction, both charges will need to be defended at trial.
Defending a Refusal Charge
Defending an Impaired Driving, Over 80, or Refusal charge is a complicated and nuanced process that requires a significant amount of training and experience. To ensure that you have the best chance possible at defending your charges, contact our Edmonton office as soon as possible. We will be able to use our skill and experience to quickly determine what defences may be available to you, and we will be able to advise you on the best way to proceed.
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I highly recommended Jessica she got all my charges withdrawn and I didn’t even have to show up to one court hearing she took care of everything so I got to stay working and didn’t have to miss a day the only time I was going to have to show up was trial but it didn’t get that far before she got all charges withdrawn if I could give them a ten I would best lawyer I’ve ever had and actually tried to get them withdrawn not just get me fines and on probation!!!
I’m glad I made the right choice to retain the legal services of Mr. Daniel Murphy who represented me in a very difficult criminal case that was very hard to beat due to the circumstances surrounding the case. Mr. Murphy advised me wisely and approached the matter with a well-planned legal strategy. He is well versed with the law and plans ahead. I’m grateful for the depth of intellect he has brought to the court. He is firm, fair and understands the tactics of the crown prosecutors and will not be caught unaware of their plans.