Refusing the Test
Can Lead to the Same Penalties
as Failing It

 Refusing the Test Can Lead to the Same Penalties as Failing It

If you refused a roadside breath test or a demand for a breath or blood sample at the station, you’ve likely been charged with refusing to comply with a demand under Section 320.15 of the Criminal Code.

👉 It’s a criminal offence — and it carries the same penalties as impaired driving or driving over 80.

That means a criminal record, a minimum $1,000 fine, a one-year licence suspension, and possibly jail time for repeat offences.

But just because you refused the test doesn’t mean the case is open-and-shut.

👉 Call Bobby Russon, a Windsor DUI lawyer, at (519) 792-9391 to get honest legal advice and find out what can be done.

✅ Free Consultation
✅ No Judgment — Just Help
✅ Proven Defence Strategies

Why Refusing the Test Is a Criminal Offence

In Canada, when police lawfully demand a breath or blood sample, you’re legally required to comply.

Refusing that demand — even politely — is treated the same as being over the legal limit.

The rationale? If refusal weren’t penalized equally, people would simply refuse to be tested.

But like all charges, this one can be fought.

Common Defences to a Refusal Charge

Charges for refusing a breath or blood test are often beatable because:

• The officer didn’t have proper grounds to make the demand

• The demand wasn’t clearly explained

• The accused tried to comply but had medical or communication issues

• There was confusion or panic at the scene

• Charter rights were violated

👉 Bobby Russon will examine every detail of how the test was demanded — and whether the charge should stand.

🔍 Real Example: (She Was Charged With Refusal — But the Demand Wasn't Clear)

A woman was pulled over late at night. English wasn’t her first language, and the officer rushed through the explanation of the demand. She hesitated, unsure what to do, and the officer charged her with refusing a breath test. The defence argued that the demand wasn’t properly communicated. The judge agreed — and the charge was dismissed.

Even a small error in communication or process can lead to the entire case being thrown out.

💬 What People Say: (I Thought I Was Just Saying No — I Didn’t Know It Was Criminal)

“I was scared and confused. I didn’t realize refusing the test could get me charged the same as if I’d failed it. My lawyer explained everything, went to court for me, and got the best result I could hope for.”

A good lawyer helps you understand what’s at stake — and what can be done.

What Are the Penalties for Refusing the Test?

If convicted, you face the same penalties as impaired driving:

• A permanent criminal record

• Minimum $1,000 fine (first offence)

• 1-year licence suspension (minimum)

• Possible jail time for second or third offences

• Major increase in insurance premiums

• Difficulty crossing borders, including into the U.S.

👉 Call (519) 792-9391 today to protect your future.

How Bobby Russon Can Help

Bobby Russon has helped many people in Windsor fight refusal charges. They will:

• Analyze whether the demand was lawful and clearly given

• Look for medical, language, or psychological issues that affected your ability to comply

• Check for Charter violations

• Push for a withdrawal, dismissal, or reduced charge

👉 Call Bobby Russon at (519) 792-9391 for a free consultation.

FAQs — Refusing a Breath or Blood Test

Is refusing a test really a criminal offence?
Yes. It carries the same penalties as impaired driving or driving over 80.

Can I go to jail for this?
Possibly — especially if you have prior convictions.

What if I had a medical reason not to blow?
If properly explained and documented, this may form a defence.

What if I didn’t understand what was being asked?
That’s common — and it may be a valid defence depending on how the officer explained the demand.

What should I do now?
Call a lawyer. Don’t plead guilty before understanding your options.

👉 Charged With Refusing a Breath or Blood Test in Windsor?

Call Bobby Russon today at (519) 792-9391,

for guidance, clarity,

and a strong legal defence.