Many drivers think refusing to blow avoids an impaired driving conviction. It doesn’t. Refusal is its own criminal offence under s. 320.15 of the Criminal Code, and the minimum penalty is higher than for a first “over 80.”
What counts as a refusal?
- Saying “no” to a roadside screening device or breathalyzer demand
- Pretending to blow, or blowing too weakly on purpose
- Refusing a blood sample or drug evaluation when lawfully demanded
- Delaying until the test can’t be done
Mandatory alcohol screening
Since December 2018, police in Canada can demand a roadside breath sample from any driver they lawfully stop, even without suspecting alcohol, as long as they have an approved screening device with them.
Penalties
- Minimum $2,000 fine for a first offence
- Mandatory driving prohibition (minimum 1 year for a first offence)
- Criminal record
- A 90-day Yukon roadside licence suspension and a vehicle impoundment of at least 60 days (the 30-day minimum is doubled for a refusal)
Possible defences
- The demand wasn’t lawful or wasn’t made “forthwith”
- You had a reasonable excuse (for example, a medical condition)
- You weren’t properly warned of the consequences of refusing
- Your right to counsel (s. 10(b)) was violated
- The device malfunctioned, or you genuinely tried to provide a sample
Related: Yukon impaired driving laws: complete guide · Yukon DUI penalties: impoundment & interlock
