Failure or Refusal to Comply With Demand
Failure or Refusal to Comply With Demand
Criminal Code : Section 320.15
Failure or Refusal to Comply With Demand (a refusal to breathe)
Criminal Code : Section 320.15
Failure or Refusal to Comply With Demand (a refusal to breathe)
Overview
Imagine you are stopped by law enforcement officers, suspected of impaired driving due to alcohol or drugs. The police, equipped with various tools, proceed with an assessment of your ability to drive and detect the presence of substances in your system. In accordance with the Criminal Code, they request that you provide a breath sample using an approved screening device (ASD) or a breathalyzer. However, you refuse to blow. This refusal constitutes an offense in itself, with serious consequences, similar to a conviction for impaired driving.
Legal Consequences
Refusing to provide a breath sample does not spare you from the severe legal consequences associated with impaired driving. In fact, this refusal leads to the same penalties, including a minimum fine of $1,000, a driving ban of at least one year, and the entry of a criminal record. This record can have significant repercussions on your employment, travel opportunities, and immigration processes. Furthermore, refusing to cooperate may worsen your situation in the eyes of the authorities.
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