Refusing a breathalyzer test from the London Police Service is a serious criminal offence that carries the exact same, or worse, penalties as failing the test. As of April 2026, a first-time refusal results in an immediate 90-day licence suspension, a 7-day vehicle impound, and a mandatory minimum fine of $2,000 CAD if convicted at the Ontario Court of Justice.
A persistent and incredibly dangerous myth among drivers is that refusing to blow into a breathalyzer will somehow save you from an impaired driving charge. In reality, the Criminal Code of Canada considers a “Refusal to Provide a Sample” to be just as serious—and often more harshly punished—than driving with a blood alcohol concentration over the legal limit. If you refused a test during a R.I.D.E. check on Richmond Street or during a routine traffic stop in London, you have not protected yourself; you have committed a new criminal offence.
When an officer makes a lawful demand for a breath sample, you are legally obligated to provide one. ⚔️ Trying to negotiate, playing games by barely blowing into the machine, or outright denying the test will lead to an immediate arrest. If you find yourself facing a refusal charge, the situation is critical. It is highly recommended to reach out to a local criminal defence lawyer from our directory who knows how to challenge the London Police Service’s procedures.
Step-by-Step Process in London, Ontario
Fighting a refusal charge requires a deep understanding of Charter rights and police protocols. Here is how the legal process unfolds and the steps you should take immediately after your arrest.
Step 1: Understand the Mandatory Alcohol Screening Law
Under Canadian law, police no longer need “reasonable suspicion” that you have been drinking to demand a roadside breath test. 🚨 If you are legally pulled over anywhere in London, an officer can demand you blow into an Approved Screening Device (ASD). If you refuse, the officer will arrest you, impound your vehicle for 7 days, and issue an immediate 90-day administrative licence suspension.
Step 2: Document Any Medical or Physical Issues
If you tried to blow into the machine but failed to provide a sufficient sample, you may have a valid legal defence. For example, severe asthma, chronic lung disease, or extreme panic attacks can prevent a person from providing enough air volume. You must immediately document these conditions with your family doctor or a respirologist in London, as medical inability is one of the few defences against a “failure to comply” charge.
Step 3: Hire a Criminal Defence Lawyer
Do not attempt to represent yourself at the Ontario Court of Justice. 💼 A skilled defence lawyer will request the disclosure, which includes the police officer’s notes and body-cam or dash-cam footage. Your lawyer will look for constitutional breaches, such as whether the officer gave you a clear and unambiguous demand, or if they arrested you without proper legal grounds.
Step 4: Negotiate with the Crown Attorney
During the Crown Pre-Trial at the Dundas Street courthouse, your lawyer will highlight weaknesses in the police evidence. In some cases, if the police did not properly explain the consequences of refusing the test, or if there was a language barrier, your lawyer might negotiate to have the criminal charge dropped or reduced to a non-criminal traffic offence like careless driving.
How Much Does it Cost in London?
A refusal charge is significantly more expensive than a standard DUI because the mandatory minimum fines are strictly higher. 💰 Here is what you can expect as of April 2026.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Minimum Criminal Fine | $2,000 | The mandatory starting fine for a refusal conviction (double the $1,000 minimum for a standard DUI). |
| Vehicle Towing & Impound | $350 – $600 | Costs to retrieve your car from a London tow yard after 7 days. |
| MTO Reinstatement & Programs | ~$915 | Combined cost for the $281 licence reinstatement and the $634 Back on Track program. |
| Lawyer Fees | $4,000 – $8,000+ | Complex Charter defences often require extensive legal preparation. |
How Long Does the Process Take?
The consequences of a refusal are felt instantly, with the roadside suspension lasting 90 days. 📅 Navigating the criminal court system in London usually takes between 6 to 12 months. If you are convicted, you will face a mandatory minimum 1-year driving prohibition. Furthermore, because a refusal indicates a lack of cooperation, the Crown is often less lenient when negotiating early plea deals compared to a standard impaired driving charge.
Frequently Asked Questions (FAQ)
Can I demand to speak to a lawyer before taking a roadside test?
No. Under Canadian law, you do not have the right to consult a lawyer before providing a breath sample into an Approved Screening Device (ASD) at the roadside. If you delay the test by demanding a lawyer, you will be charged with a refusal.
What if I offered to take a blood test instead?
You do not get to choose the testing method. If an officer demands a breath sample, you must provide a breath sample. Offering to take a blood test or wait for a different machine is legally considered a refusal.
Can I be charged with both impaired driving and refusing a test?
Yes. The police can charge you with “Impaired Driving” based on their physical observations (e.g., slurred speech, smell of alcohol) and also charge you with “Refusal to Provide a Sample.” However, if convicted, you typically only face the penalty for one of the charges.
Is a refusal a summary conviction or an indictable offence?
Refusal is a “hybrid” offence. The Crown Attorney can choose to prosecute it as a summary conviction (less serious) or an indictable offence (more serious). For a first-time offender with no injuries, it is almost always prosecuted as a summary conviction.
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