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Fail Refuse to Provide Breath Sample

your innocent until proven guilty

Under the Criminal Code of Canada, it is an offence to Refuse to Comply with a Valid Screening Device or Breath Test Demand. This means that if a police officer makes a demand for you to provide a breath sample, or blow into a screening device, and you do not comply, you may be charged criminally under cc. 254(5).

Minimum penalty for a first offence is:

  • Driving prohibition for one year
  • Fine of $1,000
  • Participation in the “Back on Track” program
  • Ignition Interlock system in your vehicle for one year

The Reduced Suspension with Ignition Interlock Conduct Review Program allows eligible drivers convicted of a first-time alcohol-impaired driving offence under the Criminal Code to reduce their licence suspension in return for meeting specific requirements, such as the mandatory installation of an approved ignition interlock device in their vehicle.


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