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Ontario|Criminal LawDriving Offences 775 Refusing to provide a sample If you are stopped by the police while in your car, the police have the legal right to ask you to provide a number of different samples, including a roadside breath screening sample, a breathalyzer sample, and a blood or urine sample. You have the right to consult a lawyer before the formal breathalyzer test at the police station and before a blood or urine sample is taken, but you do not have the right to refuse a roadside breath screening test.
Although the police must have a good reason to believe you may have consumed alcohol or drugs before demanding a sample, you must generally always provide a sample upon request. If you refuse to provide the sample requested, you may face a serious charge under the Criminal Code called "refusal to provide a sample". Your licence will also be automatically suspended for 90 days. If you have an injury or illness that prevents you from blowing enough air into the breath machine, you may have a valid excuse for refusing.
- Penalties
If you are charged with and convicted of refusing to provide a sample, you will usually face the same penalties as if you were convicted of driving while impaired. If you are found guilty of refusing to provide a sample, you will usually be subject to a minimum penalty of a $600 fine and a one year licence suspension if it is your first offence. For your second offence, you will usually be subject to a minimum penalty of 14 days in prison, and a minimum two year licence suspension. For your third or subsequent offence, you will usually be subject to a minimum penalty of 90 days in prison and a lengthy licence suspension.
Refusing to provide a sample is a serious offence. You should consider consulting a lawyer for assistance.
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