Refuse Roadside Breathalyzer Tests
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Dave Singh
3 days ago
★★★★★ Nick and his lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team to watch surveillance videos of me, solidify my defence, give me some information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. My lawyer seemed to be known and had a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. We won the case.
Susan Miller
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. It was difficult, but these guys were with us every step of the way, supporting us, explaining next steps, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
Mohammad Nazim
1 week ago
★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.
Marisol Almarazo
2 weeks ago
★★★★★ I recommend them because they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you
John Stocco
2 weeks ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Mr. Charitsis, I was put as ease. The trial was simply outstanding to watch my lawyer cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
More Google Reviews >Refuse Roadside Screening Tests
Refusing a Roadside Test: Understanding the Charges and Building a Strong Defence
Being charged with refusing a roadside test can be a stressful and confusing experience.
At our law firm in Ottawa, As DUI lawyers we understand the serious consequences of this charge and are committed to helping drivers protect their legal rights and fight for a favorable outcomes.
In this article, we will explain the charges and how our team of DUI lawyers can represent and defend those charged with refusing a roadside screening device test.
About Roadside Breath Tests
Once a police officer has reasonable grounds to suspect a driver has consumed alcohol and are operating a motor vehicle the officer may demand a breathalyzer test.
The test is typically administered using an Approved Roadside Screening Device, which is a portable breathalyzer instrument designed to detect the presence of alcohol in a driver’s breath.
Here’s how the device works:
- Driver is asked to provide a sample of their breath into the device.
- Device analyzes the sample and provides one of three possible readings to the officer.
- zero to .50ml of blood, the device provides the actual blood alcohol reading
- .50mgs to 100mgs, the device records a warn reading on the breathalyzer.
- over 100 mgs, the device gives a reading of fail.
Fail reading on the roadside screening device does not necessarily mean that the driver will be convicted of impaired driving.
The device is used as a screening device. It screens for the presence of alcohol, then gives the officer a reading. Based upon the reading the officer will release the driver, or require that they submit to a second breathalyzer test, where an accurate reading will be obtained for the court.
Where the driver submits to a second breath test and fails they will be charged with Driving over 80mgs.
Refusing Roadside Testing
Where a police officer demands that a roadside breathalyzer test, it’s important to know your rights and obligations under Canadian law.
The officer is responsible for explaining the requirements to you, but many times they fail to do so properly. This can result in cases being dismissed, charges being dropped or even reduced. It’s essential that you have the right legal representation to help defend your rights and understand what should have happened.
When a police officer demands a roadside breathalyzer test, they have certain responsibilities:
- Make a proper breath demand
- Ensure that the breathalyzer is working properly
- Explain to the driver what they are required to do
- Why they must provide a sample of their breath
- Explain the consequences of refusing the test
- Confirm that the driver is physically able to provide the test
However, police officers sometimes miss things or fail to do a required act. These requirement can become part of your defence. Together with many other issues, such as time delays, rights to counsel, many charges can be dismissed.
If you’ve been charged with refusing a roadside breathalyzer test, it’s important to seek the help of an experienced criminal defense lawyer who can challenge the charges and defend your legal rights.
Our team understands the serious consequences of this charge and is committed to helping drivers protect their legal rights and fight for a favorable outcome.
I needed to win and couldn't afford to take a chance on something "affordable". I wanted the best possible defence to protect my licence and future. Mr. Charitsis explained the charges and how he was going to win my case. He was true to his word, charges were dismissed. Many thanks David St. Germain, Ottawa.
Penalty for Refusing a Roadside Screening
Drivers who refuse to take a roadside breathalyzer test face the same penalties as if they had taken the test and failed, or were convicted of DUI or impaired driving.
These penalties include:
- Fines
- Criminal record for life
- Suspension of your driver’s license
- Periods of probation with conditions
- Jail sentences for serious offenses
Drivers convicted of refusing a roadside breathalyzer test will also be prohibited from driving or operating any kind of motor vehicle in Canada, including farm and construction equipment, boats and machinery. Convicted persons are even prohibited from driving riding lawn mowers.
Mandatory penalties, which the judge has no control over, include:
- a criminal record for life, mandatory licence suspensions, and mandatory participation in the “Back on Track Program”.
- Convictions for criminal driving charges stay on your driving record for 10 years, and will continue to affect the insurance rates for the driver and every person living in the same household.
- Drivers will pay increased rates for insurance, reinstatement fees, fee for the Back on Track program, pay for and interlock device to be installed and tested monthly.
A motor vehicle is defined as: anything that is pushed, pulled, or driven by an engine during this period, and the prohibition applies everywhere including private property.
Fighting - Refuse Roadside Tests
When it comes to charges of refusing a roadside test, there are many legal arguments that apply to charges for refuse a road can be used to build a strong defence.
At our law firm, we thoroughly review each case and consider arguments such as:
- As soon as Reasonably Possible: The police must ensure that there are no unreasonable delays throughout the investigation, e.g. did they have to wait for an approved breathalyzer instrument to arrive? Time is relevant in driving and driving charges. including arrests, breathalyzer tests, and all other aspects of the investigation. These actions should be performed as soon as reasonably possible.
- Right to Trial within a Reasonable Time: There are time limits for holding a trial, and the prosecution and court system must ensure that your trial takes place within a reasonable period. This right is protected by the Canadian Charter of Rights and Freedoms.
- Proof beyond a Reasonable Doubt: The judge must be 100% certain of your guilt in order to convict you of DUI. If the judge has any reasonable doubt about your guilt, they should dismiss the charge.
- Grounds for the Demand: The police officer must have made a proper demand for breath samples only after having the grounds to make such a demand.
- Approved Screening Device: The law requires that the officer present to the driver a “Approved Roadside Screening Device”. Was it properly presented, was it tested, and calibrated before use, who did the test, and who reported the result?
- Did the accused actually refuse: Did the accused refuse or was unable to take the test. Did the officer fully explain what the driver was required to do. Did the driver give an explanation why they could not do the test?
This is not the complete of defences for refusing a roadside breathalyzer test and each case has differences, nuances and issues. In our law office, we will use our expert knowledge of the DUI law and criminal trials to build a strong defence for you.
Charitsis-Sheikh LLP: Defence Against DUI Charges
At Charitsis-Sheikh LLP, we specialize in fighting DUI driving charges.
We understand the serious and disabling consequences of being arrested offences such as failing to provide a roadside test, and we want to help you.
To win any DUI charge, we need to have expert knowledge of the law, experience in running criminal trials, and the ability to speak and argue persuasively.
As Ottawa defence lawyers, we possess all of these qualities, and we have reviews and testimonials from our satisfied clients to show for it.
Here’s what you can expect when you work with us:
- A thorough review of the facts to learn what happened, including the lead-up to the arrest, what happened during, what happened with the police,whether everything was done legally, and if your rights were violated.
- Observations of the strict guidelines for collecting and presenting evidence in DUI and impaired driving cases.
- Legal advice at all stages, including ordering police notes and disclosure, representation at all court hearings, representing you at meetings with the crown attorney, preparing and presenting all legal and trial arguments, and representing you at trial.
- Our goal is to defend you through the legal system, to take care of your legal interests, and win your case.
Some cases go to trial, while others are resolved before any trial proceedings.
There are times when our lawyers have charges withdrawn or reduced to non-criminal traffic charges. Like reducing a dui charge to a careless driving traffic ticket. We also explain to our clients where we see opportunities to win their case or raise legal defenses.
As former crown attorneys, we know the law and are well-known to the judges and court. We have a proven track record of winning and resolving drinking and driving charges. We will fight to protect your reputation, driver’s license, employment, and your ability to support your family.
Cost to Fight a Refuse Roadside Test Charge
- appear and arrange all court dates,
- disclosure requests,
- discussions with the Crown Attorney, and
- prepare all documents and motions for your case.
- writing out your version of events,
- obtaining documentary evidence or witnesses, and
- arranging for counseling if necessary
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