Refusal To Blow

1. Failure/Refusal To Blow

2. While impaired drivers can commit many criminal offences, a section 320.15 violation is one of the most serious. This offence, which prohibits drivers from refusing to provide a breath or blood sample at a DUI check, attracts a maximum fine of $1,000 and a maximum sentence of five years in jail. In this article, you will learn the elements of this offence and some recent cases where it has been applied. The Meaning of Refusal to Blow Under Section 320.15 Refusing to blow is when you refuse to provide a sample of your breath or blood at a DUI stop or approved screening device test. It is essential to know that refusing to provide a sample of your breath or blood is a criminal offence in Canada. The penalty is the same as for driving under the influence. You could face a fine, jail term, or a driving prohibition upon conviction. There are two ways that police can test drivers for impairment in Toronto: asking drivers to provide a sample of their breath or blood. You will be charged with refusing to blow if you refuse to provide either of these samples. If you are stopped by police and asked to provide a sample of your breath or blood, you must know your rights. You have the right to speak to a DUI lawyer in Toronto before you provide a sample. You also have the right to have someone else call a lawyer for you. The police will give you a list of free legal services from which you can choose. The Different Types of Refuse To Blow Charges Three types of “refuse to blow” charges are under Section 320.15 of the Criminal Code, including: Summary conviction offence – This is the least serious type of offence. This type of offence can be punishable by a fine of up to $2000 and imprisonment for up to 6 months. Hybrid offence. A hybrid offence could be prosecuted either summarily or by indictment. This type of offence is more serious than a summary conviction offence and can be punishable by a fine of up to $5000 and imprisonment for up to 18 months.

3. The Consequences Of Refusing To Blow Refusing to provide a breath sample when requested by a police officer is a serious offence in Canada. If you are convicted of this offence, you could face harsh penalties, including jail time. The penalty for refusing to provide a breath sample is between six months and five years in jail. However, the sentence you receive will depend on the facts of your case and your criminal history, if any. If you are convicted of refusing to provide a breath sample, you will also lose your driver’s licence for at least one year. You may also be required to install an ignition interlock device in your vehicle, which prevents you from driving if you have been drinking alcohol. The consequences of refusing to provide a breath sample are serious and can majorly impact your life. If you are facing charges for this offence, it is important to speak with a DUI attorney as soon as possible to discuss your options and defend your rights. Possible Defences to Refusing to Blow There are a few possible defences to refusing to blow under Canada’s Criminal Code section 320.15. One defence is that the police officer did not give you a proper warning. Another defence is that you did not have a chance to consult with a lawyer before deciding to refuse. It is also possible to argue that the police officer did not have grounds to believe you were impaired. This can be difficult to prove, however, and it is always best to consult with a lawyer before making this argument. Lastly, you can also argue that you were not impaired at the time of the breath test. This can also be difficult to prove, but it may be possible if other witnesses can attest to your sobriety.

4. Source URL https://shorpnews.com/failure-refusal-to-blow/