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Fail/Refuse to Provide a Breath Sample

If convicted, the penalties are similar to a conviction for impaired driving.

This charge may come as a direct result of refusing to provide a breath sample at either:

  • Roadside (Screening Device)
  • Police station (Breathalyzer/Intoxilyzer 5000C/8000c)
  • A mobile police station
  • The hospital

In Ontario, the minimum penalty for a first offence is:

  • Driving prohibition for one year
  • A fine of no less than $1,000
  • Participation in the “Back on Track” program at your own cost
  • Installation (at your own cost) of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year

In Ontario, the minimum penalty for a second offence is:

  • Driver’s License Suspension for three years (if the previous conviction is within 10 years)
  • Mandatory jail term of 30 days
  • Participation in the “Back on Track” program at your own cost
  • Installation (at your own cost) of an Ignition Interlock system in your car for three years

The Ministry of Transportation’s “Back on Track” counselling program will cost you $578. You will be required to attend classes and complete medical and psychological assessments throughout the course.

Our Defense for Failure to Take a Breathalyzer Test in Ontario

X-Crown’s legal team fights to have all charges withdrawn. Our expertise is in negotiating with prosecutors to help defend against demerit points, license suspension, and reduced jail time (if applicable). If you’re facing legal challenges, contact the experts at X-Crown today.

X-Crown offers the best in professional and cost effective legal representation.

Don’t let legal troubles cause you more stress, call us now for your free consultation at (647) 707-8447 or click here for a free online quote.


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X-Crown Legal Services
6980 Maritz Drive, Unit #9 Mississauga, ON L5W 1Z3
Phone: 416-995-0862