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.
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. 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:
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.