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Refusing a Breathalyzer: Is It Worse Than Failing One in Alberta?

This blog examines a critical question in Alberta law: Is refusing a breathalyzer worse than failing one? We break down the severe legal consequences for both, including fines, licence suspensions, and criminal records. The key difference lies in defence options and court perception, with refusing a breathalyzer often viewed more harshly. If you're charged with impaired driving or refusal, understanding these nuances is vital. Contact our expert Edmonton DUI Lawyers for immediate legal advice and a robust defence strategy to protect your future.<br><br>#DUIEdmonton #ImpairedDriving #Breathalyzer

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Refusing a Breathalyzer: Is It Worse Than Failing One in Alberta?

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  1. Refusing a Breathalyzer: Is It Worse Than Failing One in Alberta? The decision to refuse a breathalyzer during an impaired driving stop is critical in Alberta. Both refusing and failing have serious legal consequences, but many are surprised to learn that refusal is often treated as harshly—or more harshly—than failing.

  2. Understanding the Stakes Two Outcomes Equal Treatment Critical Choice When stopped, you either provide a sample showing blood alcohol over the legal limit, or you refuse to blow into the device. Alberta law treats both scenarios with similar severity, including criminal charges and immediate penalties. Understanding how the law handles these situations is crucial for anyone facing an impaired driving investigation.

  3. Consequences of Failing a Breath Test Failing a breath test means a blood alcohol concentration above 0.08. While serious, providing a sample sometimes leaves more room to challenge the accuracy of the test or police procedure. Penalties Include: • Minimum $1,000 fine • One-year licence suspension • Possible Ignition Interlock Program enrolment • Criminal record Repeat offences bring steeper fines, longer suspensions, and possible jail time.

  4. Consequences of Refusing a Breathalyzer Criminal Offence Immediate Penalties Long-Term Impact Refusing is a criminal offence under Section 320.15 of the Criminal Code, viewed as avoiding evidence. Alberta's Immediate Roadside Sanctions: 90-day licence suspension, 30-day vehicle seizure, minimum $1,000 fine. Criminal record, and for repeat offences: longer suspensions, mandatory interlock, possible jail time.

  5. Refusal vs. Failure: Which Is Worse? On paper, penalties are similar: fines, suspensions, and criminal records. The difference lies in how courts interpret the behaviour and available defence options.

  6. Key Differences Defence Options Administrative Penalties Court Perception Failed tests can be challenged by questioning device calibration, police conduct, or sample timing. Refusal eliminates most arguments. Refusal triggers immediate sanctions before the case goes to court, adding extra burden. Judges may view refusal as deliberate obstruction, influencing sentencing more harshly. For many drivers, refusing a breathalyzer ends up being just as damaging as failing one, with fewer chances to contest the charge.

  7. Possible Defences Although difficult, some defences are available in refusal cases: Medical Conditions Conditions making it impossible to blow properly into the device. Device Malfunction Evidence that the device malfunctioned or the demand was unclear. Rights Violations Constitutional breaches, such as not being informed of refusal consequences.

  8. Practical Considerations 90 30 $1K Days Days Minimum Immediate licence suspension for refusal Vehicle impoundment period Fine for first offence Refusing a breathalyzer is rarely safer than taking one. By providing a sample, there may still be grounds to challenge the results. Anyone facing charges should seek prompt legal advice to assess defences and minimize long-term consequences.

  9. Conclusion Equal Treatment Immediate Impact Professional Help Alberta law treats refusing a breathalyzer as a criminal offence equal to failing one—sometimes with harsher consequences. Refusal removes many defence options and adds immediate penalties that begin before court. The safest course is compliance, 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.

  10. 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 deep understanding of Alberta's Immediate Roadside Sanctions and the Criminal Code, he provides aggressive and strategic representation. Committed to: • Protecting clients' rights • Challenging evidence • Pursuing the best possible outcome Call: (780) 757-6400 Website: www.kolinsky.ca Visit: 212A – 10807 Castle Downs Road, Edmonton, AB

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