Getting pulled over for suspected impaired driving is stressful. One of the first questions many people ask is:

“Can I refuse a breathalyzer test?”

Technically, yes, you can refuse. But legally, you probably shouldn’t.

Refusing a breath test in Canada has serious consequences, often just as harsh (or worse) than failing the test.

In this article, we’ll explain exactly what happens if you refuse, what the law says, and how you can still protect yourself, especially with the help of a skilled DUI lawyer.

 

What Is a Breathalyzer Test?

 

A breathalyzer measures your blood alcohol concentration (BAC). Police use it to determine whether you’ve been drinking and driving and what your blood alcohol content (BAC) is.

There are two kinds of tests you might face:

• Roadside Screening Device (ASD):
• Used during a traffic stop to check for alcohol. It’s a quick screening tool, not used in court.
• Evidentiary Breath Test (Intoxilyzer):
• Done at the police station. These results can be used as evidence in court.

Police can demand either test if they have reasonable suspicion (for the roadside test) or reasonable grounds (for the evidentiary one). And since 2018, they can even demand a roadside test without suspicion, just for pulling you over legally.

 

Can You Legally Refuse a Breathalyzer in Canada?

 

Yes, you can refuse, like you can run a red light. But doing so is a criminal offence.

Under Section 320.15 of the Criminal Code of Canada, refusing a breathalyzer when lawfully demanded (without a valid excuse) is treated the same as a DUI.

So, while no one can force you to blow, saying no can lead to immediate and serious legal trouble.

 

What Happens If You Refuse a Breath Test?

 

Many people think refusing the test means no evidence, no breath reading or conviction.

But the law doesn’t see it that way.

Here’s what you could face if you refuse a breathalyzer test:

 

– Criminal Charges

 

Refusal is a criminal offence. That means a permanent criminal record that can affect your ability to work, travel, rent, and more.

 

– Immediate Licence Suspension

 

Across Canada, the provincial licensing authority will suspend your licence immediately. In provinces like Alberta, BC, and Ontario, it’s often 90 days or more.

In Alberta, refusing triggers the Immediate Roadside Sanctions (IRS) program.

 

– Vehicle Impoundment

 

Police can seize your car on the spot and, in most provinces, impound it for up to 30 days.

 

– Fines and Legal Costs

 

The refusal charge comes with a minimum $2,000 fine, not including legal fees, court costs, education programs, or interlock device expenses.

 

– Insurance Premium Hike

 

Your insurance company will likely treat your refusal like a DUI. Expect sky-high premiums, or cancellation.

 

– Possible Jail Time

 

In severe cases or for repeat offenders, a refusal conviction can include jail time, especially if the incident involved a crash or injuries.

 

Why Do People Refuse?

 

People refuse for all kinds of reasons, often in a moment of fear or confusion:

• Panic
• Not understanding their rights
• Thinking it will help them avoid a charge
• Believing it’s a legal loophole

But here’s the truth: refusing isn’t a loophole, it’s a landmine.

Judges often see refusal as obstruction, not cooperation. And the courts take that seriously.

 

How Provinces Handle Refusal Charges Across Canada

 

Each province handles roadside penalties differently but treats refusals as seriously as failing a breath or blood test.

 

Alberta

 

Refusing a breathalyzer triggers the Immediate Roadside Sanctions (IRS):

• 90-day driving suspension
• 12-month ignition interlock
• 30-day vehicle seizure
• Fines and mandatory education

 

British Columbia

 

In BC, a refusal leads to an Immediate Roadside Prohibition (IRP):

• 90-day licence suspension
• 30-day vehicle impoundment
• $500 administrative penalty
• Other fees and costs

 

Ontario

 

Refusing a breath test in Ontario results in:

• 90-day licence suspension
• $2,000 fine
• 7-day vehicle impound
• Remedial education
• Possible jail time
• Criminal record

 

Can You Refuse for Medical Reasons?

 

Only in very rare cases. You might have a defence if you have a legitimate medical condition that prevents you from giving a breath sample (like a diagnosed respiratory issue).

But:

• You’ll need strong, documented medical proof
• The burden is on you to prove it in court
• Police and prosecutors will likely challenge the claim

So unless you’re medically unable to provide a sample, refusal will likely result in a criminal charge.

 

So, Should You Refuse a Breathalyzer?

 

Rarely.

Refusing the test doesn’t make the charge go away. It just swaps one serious criminal charge for another, and you give up your chance to challenge the breath results later.

Many DUI lawyers can successfully fight the charges based on how the police did the test, but only if you take it.

If you refuse, that door closes.

 

What If You Already Refused?

 

Don’t panic. You still have options, but you need to act fast.

Talk to a criminal defence lawyer with experience with breathalyzer refusal cases in your province. The right lawyer can review your case, explain your options, and start building your defence immediately.

 

Need a Lawyer? JustCharged Can Help.

 

You don’t have time to waste if you’re facing a refusal charge.

JustCharged connects you with experienced, local DUI lawyers across Canada, fast.

Whether in Calgary, Toronto, Vancouver, or anywhere else, JustCharged takes the guesswork out of finding legal help. You’ll get:

• A free, confidential consultation
• A lawyer who knows the local laws and courts
• Help understand your options

Visit (this should be the find a lawyer link) to speak to a trusted DUI lawyer near you.

 

Final Thoughts

 

Refusing a breathalyzer might feel like the safer move, but it often leads to worse consequences than just taking the test.

The penalties are real and long-lasting, from criminal charges and fines to licence suspensions, impound fees, and even jail time.

The good news? Help is available. And the sooner you speak to a lawyer, the better your chances of a strong defence.

Protect your licence. Protect your record. Protect your future.

 

 

Visit Find a lawyer today and get matched with the right DUI lawyer.