Practice Area
Refusal to Provide a Sample
A refusal charge carries the same penalties as Over 80 — but the Crown must prove the demand was lawful. That is often where the case fails.
Overview
Understanding the charge.
Under section 320.15 of the Criminal Code, it is a criminal offence to refuse or fail to comply with a lawful demand for a breath, blood, oral fluid, or physical coordination sample. The penalties are the same as an Over 80 or impaired driving conviction.
The Crown must prove three things: that the demand was lawful, that it was clearly communicated, and that you intentionally refused to comply. Each of these is a real point of defence — including cases where medical or physical issues prevented compliance.
Penalties & Consequences
What's at stake if you're convicted.
- Mandatory minimum $2,000 fine on a first refusal offence
- Minimum 1-year driving prohibition
- Criminal record with permanent immigration and travel implications
- Ignition Interlock and Back on Track requirements
- Serious insurance and employment consequences
Defences
Where these cases are most often won.
- The officer did not have reasonable grounds to make the demand
- The demand was not properly worded or communicated
- Reasonable excuse — medical, physical, or environmental inability to comply
- Section 10(b) Charter breach — no meaningful right to counsel before compliance was required
- Ambiguity in the accused's statements or conduct
The Process
How we defend your file.
Consultation & disclosure
We review the officer's notes, in-car and station video, and any recorded interactions with you.
Legal analysis
Our team pinpoints where the demand or the officer's authority breaks down.
Resolution or trial
We push for withdrawal on the strongest arguments — and try the case where the defence is strong.
Included in every retainer
A DUI-focused lawyer — plus former officers and experts.
Every refusal to provide a sample file we accept is reviewed by our team of former police officers and DUI experts, at no additional cost. This second layer of investigative analysis is included in every flat-fee retainer.
- Case review by former police officers
- Expert analysis of testing and procedures
- Full Charter and evidence review
- Direct lawyer contact — not a case manager
- Flat-fee, no-surprises pricing
Related Practice Areas
Other impaired driving charges we defend.
Over 80
Defence for charges of operating a vehicle with a blood alcohol concentration over the legal limit.
Learn moreImpaired Driving
Defence for allegations that your ability to operate a vehicle was impaired by alcohol.
Learn moreImpaired by Drug
Defence for allegations of drug-impaired driving, including DRE assessments.
Learn moreRecognized By
Trusted memberships & professional affiliations
- Law Society of Ontario
- Court of Appeal of Ontario
- Criminal Lawyers Association
- Canadian Bar Association
- Brampton Board of Trade
- Halton Hills Chamber of Commerce
- Caledon Chamber of Commerce
- Mississauga Board of Trade
- Justia
Free & Confidential Consultation
Charged with a DUI? Every hour matters.
Speak directly with our team. We'll review the details of your charge, explain your options, and outline the defence strategy — with no obligation.