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Impaired Driving

Refusing A Breathalyzer Test

Fighting Charges For Refusing A Breathalyzer Test

If police pulled you over at the roadside and you fail an initial roadside alcohol screening, they may arrest you and demand that you submit to further testing at the police station. Refusing to do so is an offence. But a guilty finding is not automatic.

At Der Barristers, our role as criminal law attorneys is to find the defences that may exist within your case and then use them to protect your right to fair treatment.

Was Your Illegal Breathalyzer Test Illegal?

Our lawyers have represented thousands of clients throughout Calgary, Alberta. We know what Canadian law specifies about what the police may and may not do in impaired driving cases. We know what to look for in the evidence. We can identify where the police may have violated your rights by not following correct procedures. This can occur in a number of ways, such as:

  • Insufficient grounds to demand a breathalyzer test
  • Delays in administering the test
  • Calibration of the equipment
  • Failing to allow you to seek legal counsel before taking the test

Some individuals also had good reason to refuse a breathalyzer test. Medical conditions or health dangers may have prevented them from blowing into the device. Others lacked the mental capacity to understand the situation.

Conviction for refusing a breathalyzer test carries the same penalties as impaired driving or driving with a blood alcohol level over 80 mg. Refusing alone is not reason enough for a conviction. Defences exist. Whatever these are in your case, our job is to use them to advocate for you in court and protect your right to fair treatment under the law.

Arrange A Consultation Today

To discuss your case with one of our lawyers, call 403-910-1452 or contact us via email. We can explain your charges, outline your options and provide a defence strategy.

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