Refusing or failing to provide a breath or drug sample
Criminal Code Driving Offences
About this charge
A refusal charge under section 320.15 carries penalties equivalent to a failed test, on the theory that refusal cannot be a safe harbour. The defence lives in whether the demand was lawful and properly made, and whether a genuine refusal in law actually occurred.
How we defend it
- Was the demand lawful and properly communicated?
- Did a refusal in law actually occur?
- Was any inability to comply medical or physical?
At a glance
FineMandatory minimum
DemeritsCriminal record
ForumCriminal Code Driving Offences
Our feeNo resolution, no fee
Related charges
Impaired driving / over 80 / drug-impaired drivingDangerous drivingHit and run (failing to stop at the scene)Flight from a peace officerOperation while prohibited (criminal)Where we defend this
Calgary Courts CentreEdmonton Law CourtsRed DeerLethbridgeGrande PrairieWe appear at all 41 Alberta court locations. You need not attend.
Penalties are stated under Alberta's Traffic Safety Act, the Provincial Offences Procedure Act and, where applicable, the Criminal Code. Figures reflect the fine schedule in force from 13 March 2026 and are general information, not legal advice.
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