Is It Okay to Refuse a Roadside Breathalyzer Test in Toronto?

A roadside breathalyzer test is usually performed by law enforcement to assess your blood alcohol level when you get pulled over. With the help of a breathalyzer, your BAC or blood alcohol level concentration can be estimated to determine if you’re safe or a hazard on the road. A BAC reading of more than 0.08 leads to an arrest but an arrest for BAC of between 0.05 to 0.08 is not unheard of as a warning.

With the above said, is it wise to consent to a roadside breathalyzer test or is it okay to refuse? Is refusing a roadside breathalyzer test legal?

Law enforcement officers always keep their eyes peeled for those who are drinking and driving. This is a part of their job, part of their duty in helping keep the roads safe. But the question remains, can you avoid a DUI charge by refusing a roadside breathalyzer test?

To Refuse or Not, That is the Question

Toronto DUI lawyers advise against refusing a roadside breathalyzer test because of the consequences related to doing so. If you refuse, you face a $198 administrative penalty, a week-long impounding of your vehicle, and an automatic 90-day license suspension.

Aside from the above, it is possible to get convicted of a DUI in Toronto without taking a breathalyzer test as long as the Criminal Code was observed by the arresting officer.

Note that the officer has to prove that there is reasonable suspicion to request a test and not simply flag random vehicles to ask for a test without probable cause. Some officers may present a video of your performance in coordination test or a video showing that you are visibly impaired. Evidence like this can lead to a conviction. 

If you refused a roadside breathalyzer test, it is best to contact a Toronto DUI lawyer as soon as possible. Your best DUI defense rests on how fast you act so that your lawyer can prevent you from going to jail. If you need a Toronto DUI lawyer, contact Calvin Barry today.