Refusal to Comply with Police Demand

What is Refusal to Comply with Police Demand

Definition: Section 320.15 of the Criminal Code of Canada makes it an offence to refuse to comply with various demands made by a law enforcement officer for testing bodily substances. These demands can include:

Providing a breath sample for a roadside breathalyzer test.
Performing physical coordination tests (“field sobriety tests”).
Providing samples (blood, urine, etc.) for further analysis if arrested for impaired driving.

Important Points:

Police can generally demand these tests even without a suspicion that you are impaired, but only following a lawful traffic stop.
The Criminal Code does allow for some reasonable excuses to refuse (medical condition, etc.), but seeking legal advice immediately is essential.
Depending on the circumstances, refusing can carry the same or even harsher penalties than an impaired driving conviction itself.

Common Evidence:

Police officer’s testimony about the lawful demand and your refusal.
Dashboard or body camera recordings.
Witness statements (if another officer or civilian observed the events).

Penalties for Refusal to Comply with Police Demand

Penalties for refusing to comply with a police demand depend on the specific demand refused and whether it’s a first-time offence:

Minimum Penalties (first offence):

The same minimum penalties apply as for a conviction of Impaired Driving over 80.

Subsequent Offences: Increased fines, longer license suspensions, and mandatory minimum jail time apply.

Maximum Penalties (first offence):

Summary Conviction: Less serious cases, up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, up to 10 years in prison.

How We Can Help

Immediate Steps: Refusal is serious. If you face this situation, we can advise you on whether any potential arguments for refusal apply.

Fighting the Charges: Every refusal case depends heavily on the specifics. We’ll look closely to build a strong defence:

You didn’t understand the demand or the consequences of refusal due to intoxication or another reason.
You had a legitimate excuse recognized by the law for refusing the specific demand.
Your Charter rights were violated during the traffic stop, making the demand unlawful.

Frequently Asked Questions

What about a fear of needles or anxiety?

Generally, these aren’t legally accepted excuses to refuse. However, there may be mitigating factors in how sentencing is decided if convicted.

What happens if I refused the breathalyzer, but later agreed to go for the blood test?

It might reduce the severity of the consequences, but may not completely erase them.

Are the penalties harsher than an impaired driving conviction itself?

They can be, especially for second or later offences.

Let's Talk About Your Case

Refusing to comply with police demands is a serious offence, potentially resulting in severe consequences. Don’t risk your future. Contact us as soon as possible for a free case review to discuss your situation and potential defences.

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