Calvin Barry Toronto Criminal Lawyer


Why Saying Yes to Providing a Breath Sample Is In Your Best Interest

Providing a breath sample may put you on edge thinking that it can get you in trouble if you’ve had a drink or two. You surely wouldn’t want it to lead to your first DUI charge but at the same time, you want to be cooperative and respectful to the arresting officer. If you’re not sure about whether it will be smarter to provide a breath sample or not, read the 3 reasons why it is actually a good idea to not refuse below!

The Breathalyzer May Register as Below Limit

The calibration of the screening device will register as a positive at 50 to 100 milligrams of alcohol per 100 milliliters of blood and will result to a non-criminal sanction under the Highway Traffic Act. You won’t be asked to breathe into a breathalyzer until after you reach the station, a good hour or two after your initial screening. This means that your breath can register below 80 milligrams which means you won’t be charged. That is a smarter call than refusing because a refusal will be penalized the same as registering over 80.

The Penalties for Refusal and an Over 80 Are the Same!

The same penalty for Driving with Excess Blood Alcohol or Impaired Driving is meted for those convicted of Refusal to Provide a Breath Sample, so why even bother to refuse and still have a criminal charge tied to your name?

You May End Up Strengthening Your Defence

Mistakes happen all the time. If you’re pulled over and asked to provide a sample to an Approved Screening Device, it doesn’t mean that you won’t have a way out. A positive on this just means that you will still have to provide two more samples at the station to determine if you’re truly Driving Under the Influence. The breathalyzer then may register as over 80 for which you’ll get charged with Driving with Excess Blood Alcohol; however, there is a possibility that the result may be under 80 milligrams per 100 milliliters of blood. More so, if you’ve cooperated giving breath samples, your lawyer can turn that into your favour and find loopholes or mistakes regarding how the samples were taken.

Need help from a DUI lawyer in TorontoCalvin Barry Law is a veteran of handling impaired driving charges in CanadaContact DUI Lawyer Calvin Barry today!

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top