Failure to Produce a Breath or Blood Sample

This offence is often paired with Impaired Driving. A first conviction for either of these offences carries a minimum penalty of a $600.00 fine and a one year driving suspension. There are no exceptions.

Additionally, the Superintendent of Motor Vehicles will add ten penalty points to your licence. This may result in an additional driving suspension, depending on your history. Subsequent convictions carry minimum jail sentences. Additionally, the Motor Vehicle Act now imposes a 90 day Administrative Driving Prohibition (ADP) for any person charged with either driving over 80 or with failing or refusing to provide a sample. This prohibition takes effect 21 days after the alleged offence. You have the right to contest this suspension, but must do so within 7 days of the alleged offence.

It is therefore crucial that, if you wish to attempt to retain you license, you must act quickly. The Superintendent will not consider hardship when deciding on your ADP.

This is intended for informational purposes only and is not intended as legal advice. Please see a lawyer for advice specific to your case.

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