Jonathan Lapid

DUI Lawyer

Charged With Refuse to Provide or Failed Breath Sample?

By law, you must comply with a police demand for a breath sample to determine your blood/alcohol content if you’re driving a motor vehicle. If you refuse a breath sample, it’s a criminal offence.

When charged with refusing a breath sample in Toronto, you might also be charged with impaired driving as well.



How to Defend a Breath Sample Refusal Charge


Your lawyer should assess whether or not a lawful demand was made if you’re being accused of refusing a breath sample. Provided the police lack reasonable and probable ground to request a sample, you’re entitled to refuse their request. Depicting the validity of the test takes deep analysis and each case is unique. Your lawyer needs to examine every single facet of the case before deciding whether or not the officer’s request was reasonable.


When an officer is shown to be entitled to demand a breath sample, it’s up to your lawyer to examine reasons for test failure. They can then decide if the failure or refusal was intentional or unintentional. There are many situations where you could unintentionally fail or refuse a breath test. If the refusal or failure is proven to be an unintentional act, you won’t be found guilty since a guilty verdict requires intentional refusal to provide a sample.


If the instrument isn’t working properly it could contaminate the breath sample or there might be an obstruction in the mouthpiece receiving the sample. This could lead an officer to believe you tried to fake the test when the conditions in the instrument were not suitable for obtaining a sample. 

Get an Honest Opinion About Your Case

One mistake isn’t worth a lifetime of headaches. But your first DUI can really impact your criminal history, take a toll on your finances, and really hinder your employment.

Breath Sample Refusal or Failure Consequences

If you’re found guilty on basis of failure or refusing breath sample, you will get a criminal record.

Here are further potential consequences of failing to comply with a breath test:

  • Criminal Record
  • Loss of job and driver’s licence
  • Jail time, hefty fines, and probation
  • A dramatic increase in insurance premiums
  • Will be difficult to immigrate and apply for citizenship
  • You’ll be ineligible for certain career paths
  • Won’t be able to visit certain countries (such as the U.S.)
  • Might have conviction reported publicly

Do Not Fight Alone

25 Years of Experience Defending Impaired Drivers

One mistake isn’t worth a lifetime of headaches. But your first DUI can really impact your criminal history, take a toll on your finances, and really hinder your employment. The more severe your situation, the more you’ll need an experienced, reliable impaired driving defence lawyer to help you see it through and end up on the other side unscathed.



The Advantages of Speaking with
Jonathan Lapid

  • One of the Highest Success Rates
  • Free Initial Honest Case Assessment
  • Reasonable Fees With No Hidden Costs

  • Successfully Defended Hundreds of Clients
  • Criminal Lawyers Rely on Him for DUI Advice
  • Jonathan Himself Has 25 Years of Experience

Jonathan Lapid - DUI Industry Leader

Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.


He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.


If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.

Give Us a Call to Get The Defence You Deserve

4950 Yonge Street, Suite 2225, Toronto, ON M2N 6K1

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