Refusing to provide a breath sample to Peel Regional Police is a serious criminal offence. Under the Criminal Code of Canada, a “Refusal to Comply with Demand” charge carries penalties identical to, or sometimes harsher than, a standard impaired driving conviction, including an immediate 90-day licence suspension and a minimum $2,000 CAD fine.
Many drivers mistakenly believe that if they have been drinking, refusing a roadside breath test is a clever loophole to avoid a DUI charge. 🚨 In reality, the Canadian legal system anticipates this strategy. If you are pulled over at a RIDE check on Hurontario Street or Lakeshore Road and refuse to blow into the Approved Screening Device (ASD), Peel Regional Police will immediately arrest you for Refusal to Comply with a Demand.
Under current Mandatory Alcohol Screening (MAS) laws, a police officer does not even need “reasonable suspicion” that you have been drinking to demand a roadside breath sample. If you say no, argue, or pretend to blow without providing enough air, you will face severe and immediate administrative penalties, followed by a stressful criminal prosecution. The Crown aggressively prosecutes refusal charges, meaning you need a robust defence strategy.
Step-by-Step Process in Mississauga
If you are charged with refusing a breath test in Mississauga, your case will be heard at the A. Grenville and William Davis Courthouse in Brampton. Navigating the aftermath of an arrest requires swift legal action to protect your driving privileges and criminal record.
Step 1: Immediate Roadside Penalties
The moment you refuse the test, Peel Regional Police will impose an immediate 90-day Administrative Driver’s Licence Suspension (ADLS). Your vehicle will also be impounded on the spot for 7 days at your expense. You will be arrested, processed, and eventually released with an Appearance Notice detailing the date of your first court appearance and the date you must attend the police station for fingerprinting and photographs.
Step 2: Retain a Criminal Defence Lawyer
A refusal charge is a complex indictable or summary conviction hybrid offence. It is highly recommended to hire a local criminal defence lawyer immediately. They will manage your court dates and send a formal request for disclosure to the Crown Attorney. Disclosure includes the arresting officer’s notes, the calibration records of the breathalyzer device, and any police body-worn or dash-camera footage.
Step 3: Analyze the Legality of the Demand
Your defence lawyer will carefully review the disclosure to determine if your Charter rights were violated. For example, did the officer have the lawful authority to make the demand? Was the demand clear and understood? If you were unable to provide a sample due to a legitimate medical condition (such as severe asthma or an anxiety panic attack), your lawyer will gather expert medical evidence to support your defence.
Step 4: Resolution or Trial
Based on the evidence, your lawyer will either negotiate with the Crown for a lesser provincial charge (like careless driving under the Highway Traffic Act) or proceed to trial. At trial, the Crown must prove beyond a reasonable doubt that you intentionally and unequivocally refused a lawful demand. If the judge finds that you had a “reasonable excuse” to refuse, you may be acquitted.
How Much Does it Cost in Mississauga?
A refusal charge is incredibly expensive, often surpassing the costs of a standard impaired driving conviction.
- Minimum Court Fine: If convicted, the mandatory minimum fine for a first-time refusal offence is $2,000 CAD (which is double the $1,000 CAD minimum for a standard low-range DUI).
- Towing and Impound Fees: You must pay the towing company to release your car after the 7-day impoundment, which usually costs around $1,000 to $1,500 CAD.
- Legal Fees: Hiring a reputable law firm in Mississauga to defend a refusal charge through to trial typically ranges from $5,000 to $15,000+ CAD.
- Reinstatement & Programs: If convicted, you must pay $634 CAD for the Back on Track program, $281 CAD for licence reinstatement, and roughly $1,500 CAD per year for an ignition interlock device.
How Long Does the Process Take?
The administrative penalties hit immediately-you lose your licence for 90 days right at the roadside. ⌛ However, the criminal justice process moves much slower. Your first court appearance will typically be scheduled four to six weeks after your arrest. Depending on court backlogs at the Brampton Courthouse, fighting a refusal charge through to a final trial can take anywhere from 12 to 18 months.
Frequently Asked Questions (FAQ)
Do I have the right to speak to a lawyer before taking the roadside breath 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. You must comply immediately. You only get the right to counsel if you are arrested and taken to the station for an evidentiary breath test.
What if I tried to blow but the machine didn’t register it?
This is often charged as a “failure to provide a sample.” If you were genuinely trying but lacked the lung capacity or had a medical condition, an experienced lawyer can argue that you had a reasonable medical excuse and lacked the criminal intent to refuse.
Can Peel Police demand a breath test if I wasn’t driving erratically?
Yes. Under Mandatory Alcohol Screening laws introduced in 2018, police officers with an approved screening device on hand can demand a breath sample from any driver they lawfully pull over, without needing any suspicion of alcohol consumption.
Is a refusal charge an indictable offence or a summary conviction?
It is a hybrid offence. The Crown Attorney has the discretion to prosecute it as a summary conviction (less serious) or an indictable offence (more serious, carrying longer maximum prison sentences), usually depending on your prior criminal record.
Will I get a criminal record if convicted of refusing a breath test?
Yes. A conviction for Refusal to Comply with a Demand under the Criminal Code results in a permanent federal criminal record, which can severely impact your employment and ability to travel to the United States.
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