If you’ve been pulled over on suspicion of impaired driving in British Columbia, you might be wondering: What happens if I refuse a breathalyzer test? The short answer is that refusing a breathalyzer can lead to serious consequences, including fines, license suspension, and even criminal charges.
Why Refusing a Breathalyzer Is Serious
In BC, as in the rest of Canada, police officers have the authority to demand a breathalyzer test if they have reasonable grounds to suspect you’ve been drinking and driving. Refusing to comply with this demand is a criminal offence under the Criminal Code of Canada.
The penalties for refusing a breathalyzer are similar to—and in some cases, even harsher than—those for impaired driving.
Penalties for Refusing a Breathalyzer in BC
If you refuse a breathalyzer test in BC, you could face the following penalties:
1. Criminal Charges
Refusing a breathalyzer is a criminal offence that can result in a fine, license suspension, and even jail time. There is a mandatory criminal record if you are convicted of this offence.
2. Fines
First-time offenders can face fines starting at a mandatory minimum of $2,000 and going up in the event of aggravating circumstances or prior convictions.
3. License Suspension
A first-time refusal will result in an automatic 1-year license suspension. You will not be permitted to drive anywhere in Canada.
4. Jail Time
While rare for first-time offenders, jail time is possible, especially if there are aggravating factors.
5. Criminal Record
A conviction for refusing a breathalyzer will result in a criminal record, which can affect your ability to travel, find employment, and more.
Why You Need a Lawyer
Facing charges for refusing a breathalyzer is a serious matter, but a skilled lawyer can help. A lawyer can explain your rights and the potential consequences of refusing a breathalyzer.
A lawyer can challenge the legality of the breathalyzer demand or argue that you had a valid reason for refusing (e.g., medical conditions).
A lawyer can negotiate with the prosecution to reduce or dismiss the charges. And a lawyer can represent you in court and advocate for your rights.
Can You Fight the Charges?
Yes, you can fight the charges for refusing a breathalyzer. Here are some potential defence strategies:
- Illegal Demand: If the officer did not have reasonable grounds to demand a breathalyzer test, the charges may be dismissed.
- Medical Reasons: If you had a medical condition that prevented you from providing a breath sample, this could be used as a defence.
- Charter Violations: If the police violated your Charter rights during the arrest, the evidence may be excluded.
Refusing a breathalyzer test in BC can lead to serious consequences, but with the right legal representation, you can fight the charges and protect your future.
If you’re facing charges for refusing a breathalyzer, don’t wait. Contact a skilled DUI lawyer today to explore your options and defend your rights.