Refusing A Breathalyzer Test

Yarshenko & Heidinger

Saskatchewan’s law enforcement officers have the right to stop anyone suspected of driving while impaired by drugs or alcohol. A police officer may choose to pull over drivers for exhibiting suspicious behaviours such as: failing to stop at stop signs or red lights, failure to use headlights during evening hours, erratic driving patterns, excessive speeding, or failure to use a signal light.

If an officer pulls you over for suspected impaired driving, they will likely request that you submit to a roadside breathalyzer test. Under Saskatchewan’s new Highway Traffic Act and province wide Safe Driving Program, drivers found to have a blood alcohol content (BAC) over 0.04 face an automatic 24 hour license suspension and vehicle seizure under Saskatchewan’s provincial driving legislation. If a driver is found to have a BAC of over 0.08, they can face criminal charges and potential license suspensions of up to five years. If a driver refuses an officer’s request for a breath sample, they may be subject to the same criminal penalties/sentences if convicted as impaired driving and/or blowing over 0.08.

Reasons For Refusing A Breathalyzer Test

In some circumstances, a driver may be physically incapable of taking a breathalyzer test. In the event of an existing medical condition, or extreme injury, a driver may be expected to provide a lab-acquired blood sample to determine their BAC. If the suspect refuses to comply with the blood sample request, and is convicted of same, they will potentially face the same penalties as drivers convicted of impaired driving and/or blowing over 0.08.

Defending Against Refusal Charges

There are several unique circumstances under which a driver’s refusal to submit a breath or blood sample may be justified. These cases require experienced legal counsel to assess all aspects of the case that lead to the refusal charge. Because refusing to submit to a breathalyzer test results in immediate criminal charges, it is imperative that you seek legal advice as soon as possible.

DUI Lawyers Serving Saskatoon, SK

If you have been charged with refusal to submit a breath or blood sample, and are now facing criminal charges for refusal or failure to comply with a breath demand, contact the lawyers at Yarshenko & Heidinger. Our experienced team of DUI lawyers will defend your case, and will help protect you against penalties associated with refusing the breathalyzer. Don’t let impaired driving charges negatively impact your life, call us today.