Refusal

When a police officer intercepts a person for impaired driving, he can order him to undergo certain tests, such as providing a breath sample in an Approved Screening Device (ASD) on the side of the road, physical coordination tests, make you providing a breath sample with the breathalyzer at the police station or have an evaluation made by a Drug Recognition Expert (DRE). When a driver receives an order from the police to undergo these examinations, he is obliged to do so. Indeed, an intentional failure or refusal to comply with these orders, without a reasonable excuse, constitutes an offense commonly known as refusal.

This means that an impaired driving charge is separate from a refusal offense. Usually, the driver will be charged with both infractions, which increases the consequences if convicted on both counts. Conversely, if a person is acquitted of drinking under the influence, he can still be found guilty of the refusal, and vice versa.

If an individual refuses to undergo the ASD test, it can turn the police’s suspicion into reasonable grounds to believe that the offense has been committed, and allow the officer to place the individual under arrest.

Moreover, a driver who does not blow correctly in the device or pretends to blow can be accused of refusal.

If a driver refuses to pass the tests required by the police, the court can draw an unfavorable inference against the accused, which means that the judge can conclude that he did not want to undergo the tests because his driving ability was impaired by alcohol or drugs, or feared it would be. It has been determined that this adverse finding does not violate the fundamental principle of the presumption of innocence. This negative inference can only be used against the driver during his trial, but not during the sentencing phase if he is found guilty.

The defenses for refusal and drinking and driving are very different. It is therefore necessary to have the evidence of your case analyzed to obtain clear legal advice on which defense to present and your chances of success in disputing the charges.

Possible consequences of a refusal accusation

1- Criminal record

2- Minimal fine of 2000$

3- Minimum driving suspension of 1 year imposed by the judge. As for the administrative suspension imposed by the SAAQ, the drivers licence can be suspended between 3 and 5 years for a first offense.

Please be aware that it is possible to contest a refusal charge with several defenses. If the evidence in your file does not allow you to go to trial, it remains possible to reduce the penalties. Considering the gravity of the consequences of a refusal conviction, it is essential to retain the services of a lawyer. Me Dagenais will be able to negotiate with the Prosecutor to minimize the consequences by obtaining a favorable settlement.

Section 320.15 of the Criminal Code: Failure or refusal to comply with demand

320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.

Accident resulting in bodily harm

(2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person.

Accident resulting in death

(3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues.

Only one conviction

(4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction.