Refusal or Failure to Provide a Blood / Breath Sample

Refusal or Failure to provide breath sample in EdmontonSection 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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Hi this review is for my lawyer Lisa smart. Lisa thank you for helping me out and for not judging me and my mistakes. I wasn’t good before from all the trauma and that wasn’t me and it made me feel alot better when you said you understand and when you said to just take a breathe and not worry as much because I was in good hands. Because I was in the best hands. I was so scared I was going to go to jail and scared of what would happen to my kids because they need their mom. Thank you for fighting for me and making sure they have a mom and one whose not in jail.

D.S.

Lisa was kind and compassionate and did everything she could to ease my fears. She explained the process to me and walked me through all the possible outcomes which really reduced my stress. I can’t thank her enough for not only getting my charges dropped and helping me to move forward past my mistake but also for always making sure I was hanging in there along the way. Anyone who needs a criminal lawyer would be well served in hiring Lisa Smart.

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Lisa at Oykhman Criminal Defence Law Office is amazing at what she does. She’s got a lot of compassion for her clients, great communication skills, and will actually sit down to listen to what you have to say, she’s willing to lend an ear when needed. I cannot thank Lisa enough for what she has done for us, if you need a lawyer, Lisa is your girl.

S.C.

Lisa is so awesome that she didn’t just take away my stress, she straight up made defending my charges fun! strongly considering committing a new criminal offence so I can hang out with her again! Just kidding. Seriously though, if you get charged with something and are thinking ‘shoot I don’t have a guy for that’, then take my word that Lisa Smart at Oykhman Criminal Defence should DEFINITELY be your guy. She’s smart as whip, chill and down to earth and not at all pret

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