Refused a Breath Test
in Toronto? Same Criminal
Penalties as Impaired Driving.
Failure to provide a breath sample under Criminal Code s.320.15 carries the exact same penalties as an impaired driving conviction — criminal record, mandatory driving prohibition, minimum $2,000 fine, and possible jail. Call us now.
Criminal Code s.320.15 — Failure to Comply with Breath Demand
Refusing the Test Doesn't Make the Charge Go Away.
Many drivers who refuse a breath demand believe that without a breathalyzer reading, the police have no evidence against them. This is a dangerous misconception. Under Criminal Code s.320.15, the refusal itself is the offence — and it carries identical penalties to an impaired driving conviction under s.320.14.
There are, however, real defences to this charge. The lawfulness of the demand, whether you were properly advised of your right to counsel, whether a reasonable excuse exists (such as a medical condition), and whether the officer followed proper procedures — all of these can determine the outcome of your case.
Call 416-274-2222 immediately. This is a criminal matter and time is critical.
The lawfulness of the breath demand and your right to counsel are fundamental issues. A Charter violation can result in evidence exclusion or a stay of proceedings.
Medical conditions that prevent adequate breath sample provision can constitute a complete defence. We assess and present medical evidence where applicable.
The demand must be made in accordance with strict Criminal Code requirements. Any deficiency in how the demand was made can undermine the charge.
Known cost upfront for criminal driving matters. The stakes — criminal record, driving prohibition — make representation essential.
Real-World Scenarios
Common Breath Sample Refusal Scenarios
Refusal charges arise in a range of circumstances, not all of which involve a deliberate decision not to comply. These are common scenarios we defend.
Genuine Medical Inability to Provide a Sample
A driver with asthma, COPD, or another respiratory condition is physically unable to produce an adequate sample despite trying, and is charged with refusal regardless.
Confusion Over the Demand Itself
A driver who did not clearly understand the demand — due to language barriers, distress, or an unclear explanation — fails to comply as required.
Roadside Screening vs. Station Testing
A driver who provides a roadside sample but is later charged for conduct at the station breathalyzer stage, where the legal requirements differ.
Charter Rights Not Respected
A driver who was not given a proper opportunity to speak with a lawyer before being asked to comply with a subsequent demand.
What We Handle
Breath Sample Refusal Matters We Defend
From roadside screening refusals to Intoxilyzer demands — we defend all failure to provide charges under CC s.320.15 across Toronto.
How It Works
Our Step-by-Step Approach
Failure to provide a breath sample is a criminal charge. Call us immediately — your right to counsel applies from the moment of detention. We explain your rights and begin building your defence.
The police demand for a breath sample must meet strict legal requirements. If the demand was unlawful, if your right to counsel was not respected, or if the approved screening device was not used correctly, evidence can be excluded.
The offence of failing to provide a breath sample requires proof that you had no reasonable excuse. Medical conditions, genuine inability to provide an adequate sample, and other circumstances can constitute a reasonable excuse in law.
We obtain the officer's notes, the demand documentation, the approved instrument calibration records, and any video from the stop or station. Technical deficiencies in the Crown's evidence are common.
Where possible, we negotiate with the Crown for a resolution that avoids the most severe consequences — including reduction to a lesser charge or, in appropriate cases, a discharge. Otherwise, we take the matter to trial.
If a conviction cannot be avoided, we advocate for the most favourable outcome: minimum mandatory fine where applicable, the shortest possible driving prohibition, and the best available sentencing option.
Failure to Provide a Breath Sample Is as Serious as Impaired Driving. Fight It.
Legal Solutions Law Firm provides experienced defence for CC s.320.15 charges. Free consultation — call now.
Common Questions
Frequently Asked Questions
Serving Clients Across Toronto and the GTA
Why Refusing the Breath Test Is Not a Safe Choice
One of the most persistent myths in Ontario traffic law is that refusing a breath test is a smarter choice than providing one that might show over the legal limit. The law has been specifically designed to close this loophole. Under Criminal Code s.320.15, the refusal is itself the offence — and the mandatory minimum penalties are identical to those for an over-80 or impaired driving conviction.
What this means practically is that a driver who refuses a breath demand will face the same criminal consequences as a driver convicted of impaired driving — a minimum $2,000 fine, a mandatory driving prohibition of at least one year, a criminal record, and the possibility of imprisonment on subsequent offences. There is no strategic advantage to refusal in most cases. A refusal charge is commonly laid alongside a criminal dangerous driving charge, or a provincial careless driving charge from the same incident.
When Defences Do Apply
That said, there are genuine defences to breath sample refusal charges. The lawfulness of the demand is the most important. If the officer did not have reasonable grounds to make a demand under the applicable Criminal Code provision, the demand was unlawful and compliance was not required. Medical conditions preventing adequate breath production are also recognized as reasonable excuses. And Charter arguments relating to the right to counsel and the circumstances of the stop are always analyzed. Because a conviction carries a mandatory driving prohibition, getting back behind the wheel before it is lifted becomes a driving while suspended charge, and we help clients with licence suspension recovery once the prohibition ends. Call 416-274-2222 for your free consultation.
Free Resources
Tools & Guides
Wondering what refusing a breath test actually means, or how long it could stay on your record? These free tools and guides can help:
Client Reviews
What Our Clients Say
They dealt very professionally with the serious legal traffic charges. I am grateful for the service and highly appreciate Mr. Ryan for his outstanding professionalism and winning the traffic case.
Ryan Manilla and his legal team from Legal Solutions Law Firm did a fantastic job to get all my DUI charges dropped. Ryan and his team did not give up and made sure the crown dismissed all charges and I won with no convictions on my record. They did a great job and I am very happy with the outcome of my case.
Ryan completely beat my four driving offences. He communicated through the entire process and the price was very affordable.
I would highly recommend Ryan. He beat serious traffic charges for me in two different jurisdictions saving me close to $20,000 in fines and prevented my insurance from going up.
Ryan worked some magic on having my traffic ticket fully thrown out in court. I need my car living in Barrie, and he was able to have the highway charge completely dropped where others told me I would have a small fine and possibly a point or two added. Thank you so much, Ryan.
I can't thank Ryan at Legal Solutions Law Firm enough for everything he did. I live in Barrie and was facing a stunt driving charge that had me extremely worried because of the serious consequences it could have had on my licence, insurance, and future. From our first conversation, Ryan was professional, knowledgeable, and gave me confidence that my case was in good hands. He explained the entire process, answered all of my questions, and represented me exceptionally well in court. Thanks to Ryan's hard work and experience, my stunt driving charge was completely dismissed. I couldn't have asked for a better result. If you're looking for a lawyer to help with a traffic ticket or stunt driving charge in Barrie, I highly recommend Ryan and Legal Solutions Law Firm. Five stars all the way!
Speak With a Lawyer About Your Breath Sample Refusal Charge
CC s.320.15 carries the same penalties as impaired driving. Call Legal Solutions Law Firm for a free consultation — experienced criminal defence, flat fees.