Refusal to Submit to a Breathalyzer Test in Alberta

Alberta law enforcement officers have the right to pull over any driver that is suspected of impaired driving. Behaviours such as failing to stop or signal, excessive speeding, driving erratically, or failure to use headlights at designated hours, are all grounds that justify an officer’s decision to pull you over.

There are several signs that indicate to an officer that a driver may be under the influence of drugs or alcohol. If an officer determines that there is reason to believe that the driver is intoxicated, they will request that the driver submit a breath sample to determine his/her blood alcohol content (BAC).

Recent changes to Alberta’s driving laws state that if a driver is caught with a BAC of 0.05, they will be subject to an automatic 72-hour license suspension and vehicle seizure. Drivers found with a BAC of 0.08 and over face criminal charges associated with impaired driving. Failure to comply with an officer’s request for a breathalyzer test will result in a “refusal to blow” charge, and carries the same penalties as a DUI with a BAC of 0.08.

There are certain circumstances in which a driver may be incapable of providing a breath sample, such as an existing medical condition or injury. In the event that a driver is unable to submit to a breathalyzer test, officers will request that the driver provide a blood sample instead. As it is with the breath sample, failure to submit to a blood test will result in a refusal charge that carries the same penalties as a DUI conviction.

Breathalyzer Refusal Defence

If you have been charged with refusing to submit to a breathalyzer test, you are facing serious criminal charges that could have lasting effects on your day-to-day life. In the event that you were unable to submit a breath sample due to extreme circumstances, you will need legal counsel to help defend your case. An experienced DUI lawyer will review your case, and examine the events leading up to your conviction including: circumstances regarding to the traffic stop, the officer’s reason for requesting a breath sample, procedures leading up to the request, and your condition at the time of the request.

Contact Our Calgary DUI Lawyers Today

If you have been charged with refusing a breathalyzer test, you are now facing serious criminal penalties that could have a lasting impact on your life. Don’t let a refusal charge ruin your life. Contact the team of experienced DUI defence lawyers at Dunn & Associates today. We will assess your case and help to reduce the severity of the charges against you.