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.
Danielle was incredibly professional and effective in the defense of my case. But more than that, she really listened and tried to help me personally. She was kind, honest and open when it came to my specific situation. I appreciate her sense of humanity. It wasn’t just a paycheck. She made me feel like I’m worth it and my life is worth it. Thank you for caring and for putting in the effort Danielle!! I couldn’t have done this on my own.
I found myself charged with crimes I couldn’t understand. Danielle heard of my predicament and offered to take the case with a payment arrangement that I could manage. Her friendly professionalism helped ease my nerves and her confidence that she could help put this matter behind me was unshakeable. The end result was I still have a clean record and faith that there is help available for those who need it.
Danielle Boisvert was my lawyer and I appreciate her professionalism and speedy responses. Danielle made me feel very comfortable throughout the whole process and gave me the confidence that things would be taken care of. In no time at all Danielle told me the good news that she had successfully withdrawn my charges. Please contact Danielle Boisvert if you are facing criminal charges, you will not be disappointed!
Anny Wang was my defence attorney. I had never been in trouble with the law before but I found myself facing criminal charges. I had no idea what to do or what was going on. She took the time to explain everything to me and made time to answer my many questions. I took her advice at every turn and made me feel a lot better about going to trial. I felt prepared and knew what to expect. She got all the charges dropped just like she had predicted. She did an amazing job in court and out. I highly recommend Anny Wang to anyone facing criminal charges and needing legal counsel. Thanks again Anny Wang for everything you did!
Amazing service, professional and couldn’t ask for better results. Anny Wang was very clear about the process and thoroughly explained it. Was able to have my charges withdrawn, again amazing. Highly recommend Anny to anyone facing a criminal charge as she’s great to have in your corner when entering the court system for your first time. Thank you again Anny Wang!