Introduction
The decision of refusing a breathalyzer during an impaired driving stop is a critical one in Alberta. Impaired driving is one of the most tightly regulated offences in the province. When a driver is stopped by police and asked to provide a breath sample, there are two possible outcomes: the test may show a blood alcohol concentration above the legal limit, or the driver may refuse to blow into the device.
Both choices have serious legal consequences, but many people are surprised to learn that refusing a breathalyzer is often treated as harshly as failing one. Understanding how Alberta law handles these situations is crucial for anyone facing an impaired driving investigation.
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Consequences of Failing a Breath Test
Failing a breath test means a blood alcohol concentration above 0.08. Penalties include a minimum $1,000 fine, a one-year licence suspension, possible enrolment in Alberta’s Ignition Interlock Program, and a criminal record.
Repeat offences bring steeper fines, longer suspensions, and the possibility of jail time. While serious, providing a sample sometimes leaves more room to challenge the accuracy of the test or the procedure followed by police.
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Consequences of Refusing a Breathalyzer
Refusing to provide a sample is a criminal offence under Section 320.15 of the Criminal Code. Alberta’s Immediate Roadside Sanctions program adds penalties such as a 90-day licence suspension and 30-day vehicle seizure, plus a minimum $1,000 fine.
A conviction results in a criminal record and, for repeat offences, longer suspensions, mandatory interlock, and possible jail time. Because refusal is viewed as avoiding evidence, courts often treat it as seriously as, or sometimes more seriously than, failing a test.
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Refusal vs. Failure: Which Is Worse?
On paper, the penalties for failing and refusing are very similar: fines, suspensions, and criminal records. The difference lies in how the law and the courts interpret the behaviour.
- Defence options: A failed test may be challenged by questioning the device’s calibration, police conduct, or timing of the sample. Refusal eliminates most of those arguments, since the offence is the act of non-compliance itself.
- Administrative penalties: Refusal often triggers immediate sanctions before the case even goes to court.
- Court perception: Judges may view refusal as deliberate obstruction, which can influence sentencing.
For many drivers, refusing a breathalyzer ends up being just as damaging as failing one, with fewer chances to contest the charge.
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Possible Defences
- Although difficult, some defences are available in refusal cases. These may include:
- Medical conditions that make it impossible to blow properly.
- Evidence that the device malfunctioned or the demand was unclear.
- Breaches of constitutional rights, such as not being informed of the consequences of refusal.
Every case depends on the specific facts. Working with the Best Criminal Defence Lawyer in Edmonton can help identify whether procedural errors or rights violations create room for a defence.
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Practical Considerations
Refusing a breathalyzer is rarely safer than taking one. Refusal leads to immediate licence suspension, vehicle impoundment, and a criminal record. By providing a sample, there may still be grounds to challenge the results. Anyone facing charges should seek prompt advice from the Best Criminal Lawyer in Edmonton to assess defences and minimise long-term consequences.
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Conclusion
Alberta law treats refusing a breathalyzer as a criminal offence equal to failing one, and in some respects, the consequences can be harsher. Both result in fines, licence suspensions, criminal records, and the potential for jail on repeat offences. Refusal removes many defence options and adds immediate penalties that begin before a case reaches court.
The safest course is always compliance with the law, but if charged, professional legal representation is essential. With the right guidance, individuals can better understand their options and work toward the best possible outcome in a difficult situation.
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About David Kolinsky – DUI Lawyer Edmonton
David Kolinsky is a dedicated criminal defence lawyer with a focused practice on DUI and Impaired Driving Cases in Edmonton. With a deep understanding of the complexities of Alberta’s Immediate Roadside Sanctions and the Criminal Code, he provides aggressive and strategic representation for those facing licence suspensions, criminal charges, and the severe consequences that follow. David is committed to protecting his clients’ rights, challenging the evidence against them, and pursuing the best possible outcome. If you are facing impaired driving or breathalyzer refusal charges, trust David Kolinsky to be your strong advocate in court.
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