Yes, you can lose your license for refusing a breathalyzer. If you are pulled over and the officer has reason to believe that you have been drinking, you will be asked to take a breathalyzer test. If you refuse, you will be automatically be suspended for 30 days. If you are a first time offender, you may be eligible for a limited license during your suspension. However, if you refuse a breathalyzer test and this is your second offense, your license will be suspended for one year with no eligibility for a limited license.
For more insights, see: Breathalyzer Detect Alcohol
Can you lose your license for refusing a breathalyzer in Alberta?
In Alberta, Canada, drivers can be asked to submit to a roadside breathalyzer test if police have reasonable suspicion that they have been drinking. If drivers refuse to take the test, they can be charged with failing to comply with a demand made under the Criminal Code of Canada, which comes with a maximum punishment of a $2000 fine and up to six months in jail. Additionally, drivers who refuse a breathalyzer test will have their license automatically suspended for seven days. Refusal of a breathalyzer can also be used as evidence of impairment in court.
Recommended read: Can You Refuse a Breathalyzer in Texas?
What are the consequences of refusing a breathalyzer in Prince Edward Island?
In Prince Edward Island, the legal consequences for refusing a breathalyzer are the same as if you had taken the test and failed. You will be automatically suspended from driving for 90 days and will be fined $500. If you are a commercial driver, your licence will be suspended for 1 year. If you are a repeat offender, you may face longer suspensions and harsher fines. You may also be required to install an ignition interlock device in your vehicle.
Check this out: Suspended License
Frequently Asked Questions
Is it an offence to refuse a breathalyzer test in Canada?
Yes, it is an offence to refuse a breathalyzer test in Canada.
What happens if you refuse a breathalyzer?
Refusal to take a breathalyzer test can result in criminal charges. If you are arrested for impaired driving, refusing a breathalyzer can be added as an aggravating factor and increase your punishment. For example, you may face a harsher fine and driver’s licence suspension.
When did the new breathalyzer law come into effect in Canada?
The new breathalyzer law came into effect on December 18, 2018.
What happens if you refuse a roadside breath test?
If you refuse to provide a breath sample for a roadside blood alcohol test, you will be charged with DUI. You may also face additional penalties such as license suspension and fines.
Is it an offence to refuse a breathalyzer?
Yes, refusing a breathalyzer test without a reasonable excuse is an offence.
Sources
- https://www.nextlaw.ca/2021/12/15/refusal-of-breathalyzer-in-ontario/
- https://neighbourhoodlegal.ca/can-you-refuse-a-breathalyzer-test-in-canada/
- https://www.patbrownlaw.com/can-you-refuse-a-breathalyzer-in-connecticut
- https://www.lukescardigno.com/blog/2021/08/refusing-a-breathalyzer-in-new-york-can-create-big-problems/
- https://www.jettonmeredithlaw.com/blog/2016/may/the-3-big-consequences-of-refusing-a-breathalyze/
- https://vancouvercriminallaw.com/consequences-of-failing-a-breathalyzer/
- https://wise-answer.com/how-long-can-your-license-be-suspended-for-refusing-a-breath-test-in-texas/
- https://cohen-lawyers.com/blog/refusing-a-breathalyzer-what-are-the-consequences/
- https://www.onsecrethunt.com/can-you-refuse-a-breathalyzer-alberta/
- https://www.hurt-lawyer.com/blog/2020/02/can-you-lose-your-license-for-refusing-a-breathalyzer-test/
- https://www.business-opportunities.biz/2019/06/12/lose-license-refusing-breathalyzer/
- https://www.avvo.com/legal-answers/can-i-get-a-restricted-license-for-work-if-i-refus-2217448.html
- https://www.matthewgilmanlaw.com/faqs/will-my-license-be-suspended-for-refusing-the-breathalyzer-test/
- https://www.avocatecriminaliste.ca/en/refusal-to-take-breathalyzer-test/
- https://www.mikeglaw.com/refusing-to-take-a-breathalyzer-test/
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