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Refusing A Breathalyzer Test

How to Handle Refusal Cases – the Implications of the Decision to Refuse to Provide a Breath Sample

Breath Test Results

If you are stopped by the police and required to undergo a breath test, you must be aware that, in Canada, it is against the law to refuse to provide a breath sample when requested to do so, and it may entail severe consequences.

This situation may aggravate if you not only refuse testing from a roadside screening device, but also with the more complex tester at the police station.

The police may request you to provide a blood sample as well, this time with the help of qualified medical professionals. Failing to comply with that request is also a serious offense.

The Consequences of Refusing a Breathalyzer Test

However serious this may sound, refusal in all these cases is to be considered an offense only if all the requirements regarding the testing procedure have been strictly respected by the law enforcement authorities. You need to be prepared that the peace officer/s who took care of the testing will also testify in the case, but if they failed to act based on reasonable and probable grounds, it means that the testing demand itself was unjustified. If the demand itself is unlawful, it is not against the law to deny compliance.

Why Do You Need a Lawyer If You Refuse to Provide a Breath Sample?

You can justify your refusal to undergo testing with a well-founded legal excuse, but even in such a situation you will need a legal professional to present your case to the prosecution.

Here is what a DUI lawyer can do for you in case of a refusal:

-        He or she can present the eventual errors of procedure which might  justify your refusal to act as you have been requested.

-        Proving possible procedural errors can also determine whether the traffic stop was justified or unjustified. If it was, it can lead to the subsequent dropping of all charges. Police officers need to have a good reason to stop you; the simple feeling that there may be something wrong with your driving style is not enough, and will never make a strong DUI case against you.

-        Your lawyer can present your excuse, for example a certain medical condition, in a convincing manner and eliminate the refusal charges against you.

DUI Lawyer

Just like DUI cases, refusal charges are no simple matters and you need a qualified DUI lawyer by your side if you want to go through the procedure as quickly as possible and to win your case or to get the mildest possible punishment.

Just like in DUI cases, your lawyer will be with you while you are being questioned, prepare you for the entire process, and handle the plea bargain for you if need be.

If you refuse to provide a breath sample in a DUI case, you need a lawyer, so don’t hesitate: contact a lawyer who specializes in DUI cases in your area, call that lawyer, tell him about your case and let him defend you – a good lawyer can help you get your normal life back within the shortest time possible.


Finding The Right Lawyer for a DUI

DUI Lawyer

Why Talk to a Lawyer in a DUI Case – There Are Many Good Reasons

If you are faced with a DUI offense, you must be aware that it is a very serious charge that might affect your life in many ways in the future. Many people give up the right to adequate defense in such situations. They ask, ” why talk to a lawyer if the breath test indicates a blood alcohol level over the legal limit?”

However, you must also be aware that DUI lawyers specialize in apparently hopeless cases, and make a living by finding a defense even when the untrained eye sees no evidence to prove innocence, no mitigating circumstances. Even though no DUI lawyer can guarantee a dismissal of the case, they can significantly reduce the charge and the punishment for the defendant – let’s see how.

Why Talk to a Lawyer Right from the Beginning

The most important thing you should do when you are stopped by the police is to tell the police officer “I need a lawyer”. This way, you can avoid engaging in an eventual conflict with the law enforcement authorities or aggravating your situation in any other way.

Here are some other advantages of having a DUI lawyer by your side right from the beginning:

  • With a good lawyer, you can be sure that all crucial evidence proving your innocence will be preserved.
  • Your DUI lawyer will answer all your questions about the procedure you will need to go through.
  • Your lawyer will answer the questions of the police as well.
  • The lawyer will analyze your case and will help you decide whether you should plead guilty or not guilty.
  • If you plead not guilty, you lawyer will take care of the entire procedure for you, including hiring private investigators or expert witnesses if need be to preparing you for your trial.
  • If you decide to plead guilty because your innocence cannot be proven convincingly, your lawyer can help you make the most of the plea bargaining process and get your charges and/or your sentence reduced.

How can a criminal defence lawyer help you?


How to Choose a Lawyer for a DUI Case

There are several different types of lawyers out there and not all of them handle DUI cases. In order to get the best legal counseling, you need a lawyer who is an expert in exactly the type of charges you are facing. You can find a lawyer who has experience in the domain of DUI and related charges, by asking around among your friends or family or with the help of the internet – many individual lawyers and law firms operate websites that contain ample information about their experience and qualifications.

How to Hire a Lawyer

Once you find a lawyer, you should contact him or her. Many legal counselors offer free lawyer consultation and initial evaluation of your case.  They will also tell you about the financial implications of your case so that you can decide whether you can afford that particular lawyer or you should look for another one.

In case you are still wondering why talk to a lawyer in a DUI case, here is the answer in a nutshell: because a lawyer can help you win your case more easily or negotiate on your behalf to get the best possible plea bargain so that you can continue your life as soon as possible with minimum consequences.