Impaired Driving (DUI) Refusal Charge Lawyer in Vancouver
Indotribun.id – Impaired Driving (DUI) Refusal Charge Lawyer in Vancouver. Being pulled over by law enforcement under suspicion of impaired driving is a stressful and intimidating experience. In that moment of panic, you are faced with a critical decision: whether to provide a breath sample. While it may seem like a way to avoid a DUI, refusing a lawful demand from a police officer to provide a breath or blood sample is a serious criminal offense in Canada. A conviction for refusal carries penalties that are often as severe, if not more so, than an impaired driving conviction itself.
If you are facing a charge for failing or refusing to provide a sample in Vancouver, the stakes are incredibly high. You are not just dealing with a traffic ticket; you are facing a criminal record, a mandatory driving prohibition, and substantial fines. This is a critical time to secure the services of an experienced impaired driving refusal charge lawyer in Vancouver to protect your rights, your license, and your future.
Understanding the Refusal Charge Under the Criminal Code
In Canada, the law is explicit. Section 320.15 of the Criminal Code makes it a criminal offense to, without a reasonable excuse, fail or refuse to comply with a lawful demand made by a peace officer.
This can happen in two primary scenarios:
- Roadside Screening (ASD): An officer with a “reasonable suspicion” that you have alcohol in your body can demand you provide a breath sample into an Approved Screening Device (ASD).
- Evidentiary Breath/Blood Sample: If an officer has “reasonable grounds to believe” you have committed an impaired driving offense, they can demand you provide an evidentiary breath sample at the police station or a blood sample if necessary.
Refusing either of these lawful demands constitutes a criminal charge. The Crown does not need to prove you were impaired; they only need to prove that the police made a lawful demand and that you failed or refused to comply without a “reasonable excuse.
The Severe Consequences of a Refusal Conviction
Many people mistakenly believe that refusing the test is a better option than failing it. This is a dangerous misconception. The penalties for a refusal conviction are designed to be a strong deterrent and mirror those for driving over the legal limit.
For a first-time offense, a conviction for refusal results in:
- A Criminal Record: This can impact your employment opportunities, ability to travel (especially to the United States), and immigration status.
- Mandatory Minimum Fine: A fine of at least $2,000.
- Mandatory Driving Prohibition: A minimum one-year driving prohibition across Canada.
- BC’s Immediate Roadside Prohibition (IRP): Separate from the criminal charge, you will likely have already been issued a 90-day IRP, had your vehicle impounded, and face significant administrative fines and mandatory participation in the Responsible Driver Program.
For subsequent offenses, the penalties escalate dramatically, including mandatory jail sentences.
How a Vancouver DUI Refusal Lawyer Can Defend You
A refusal charge may seem straightforward, but it is a highly technical area of criminal law. A conviction is never automatic. An experienced lawyer will meticulously review every detail of your case, including the police report, officer’s notes, and any video evidence, to build a robust defence.
Common defence strategies include:
- Challenging the “Lawful Demand”: The police must follow strict legal protocols. Was the demand made correctly? Did the officer have the required “reasonable suspicion” for an ASD demand or “reasonable grounds” for an evidentiary demand? Any procedural error can render the demand unlawful, nullifying the charge.
- Violation of Your Charter Rights: Upon detention or arrest, you have the right to speak with a lawyer without delay (Section 10(b) of the Charter). If the police failed to inform you of this right or prevented you from exercising it in a timely and private manner, it could be a powerful defence.
- Establishing a “Reasonable Excuse”: This is a complex legal defence. A “reasonable excuse” is not simply a fear of the result. It typically involves a legitimate inability to provide a sample. This could include a documented medical condition like severe asthma or a lung injury that physically prevented you from providing a sufficient sample, often supported by medical expert evidence. A genuine panic attack at the moment of the test could also, in rare circumstances, form the basis of this defence.
- Unclear Refusal: Did you unequivocally refuse, or was there a misunderstanding? Language barriers or a confusing series of events could lead to a situation where a true “refusal” in the legal sense never occurred.
Facing the complexities of the legal system alone is a significant risk. A skilled Vancouver DUI lawyer understands the tactics used by prosecutors and the technical defences that lead to successful outcomes, whether that means having the charges dropped, winning an acquittal at trial, or negotiating a favourable resolution.
Don’t Wait—Your Future is on the Line
A refusal charge can have a devastating and lasting impact on your life. The moments following an arrest are crucial for building a strong defence. It is essential to retain legal counsel immediately to ensure evidence is preserved and your rights are protected from the very beginning.
If you or a loved one has been charged with refusing to provide a breath sample in Vancouver, contact a dedicated impaired driving defence lawyer today for a confidential consultation to understand your options and start building your defence.
Frequently Asked Questions (FAQ)
1. Is it better to refuse a breathalyzer than to fail it in BC?
No. This is a common and dangerous myth. The criminal penalties for a refusal conviction are just as severe—and in some cases worse (e.g., a higher minimum fine for a first offense)—as those for driving with a blood alcohol concentration over .08. Furthermore, by refusing, you are charged with a separate criminal offense that does not require the prosecution to prove you were impaired at all, which can sometimes make it an easier case for the Crown to win.
2. What is the difference between a criminal refusal charge and an Immediate Roadside Prohibition (IRP)?
They are two separate consequences that often happen at the same time. The IRP is an administrative penalty from the B.C. government. If you refuse a roadside test, you will almost certainly be issued a 90-day IRP, which includes an immediate driving ban, vehicle impoundment, fines, and mandatory enrollment in a driver education program. The criminal refusal charge is a federal offense under the Criminal Code of Canada. If you are convicted, you will face federal penalties, including a criminal record and a court-ordered driving prohibition. You can be penalized under both systems for the same incident.
3. Can I be charged with refusal if I tried to blow but the machine didn’t register a sample?
Yes, you can be charged. The offense is “failure or refusal” to provide a sample. If the police believe you were intentionally providing an inadequate sample (e.g., not blowing hard enough, blocking the mouthpiece with your tongue), they can charge you. However, a genuine inability to provide a sample due to a medical condition like asthma or a panic attack can form the basis of a “reasonable excuse” defence. It is crucial to have a lawyer assess your situation and gather evidence, such as medical records, to support this claim.
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