Criminal Defense Lawyer for Refuse Breath Sample Charges

Have you been charged with refusing a breath sample in Ontario? If the answer is yes, Michael Engel can help. As one of Toronto’s superior criminal defense lawyers, he has the expertise necessary to help any defendant reach positive results. Driving impaired can result in serious offences. In Canada, individuals can face three different charges as a result of drinking and driving:

  • impaired driving
  • over 80
  • refuse

It is crucial to understand the differences between the three charges, as they each allege something different, and must be defended with unique strategies. Michael Engel has helped hundreds of DUI defendants succeed. If you have been charged with refusing a roadside test and breath sample in Ontario, you may need legal help.

What Is “Refuse Breath Sample?”

This charge is for individuals who refuse to provide a breath sample either on the side of the road or at a police station. An individual charged with refusing a breathalyser in Ontario may also be charged with impaired driving. Conviction or a guilty plea will automatically result in losing your drivers’ license, a criminal record, a minimum fine of $1,000, and prohibition from driving for a period of time.

When lawfully defending a refuse breath charge, there are several factors criminal defense lawyers must take into consideration, including:

Was a Lawful Demand Made?

Did the police offer lawfully demand a breath sample? Did the police officer have a good enough reason to ask for a breathalyzer test?

Why Did the Individual Fail the Test?

Was the refusal of the test intentional or unintentional? Did the individual have a reasonable excuse for refusing to take the test? Did the individual suffer from medical issues preventing them from taking the test? Was there a language barrier between the police officer and the individual? If a person unintentionally failed to take the test, they may be innocent.

What Are the Penalties?

What are the consequences of being convicted for refusing a breath sample?

Have you been charged with impaired driving, DUI — over 80 in the Toronto, GTA or Surrounding areas?

Get a FREE initial consultation with Michael Engel, DUI Lawyer.


There are few criminal lawyers in Ontario who work as hard as Michael Engel. For years, he has worked tirelessly to defend drinking and driving offences and get clients favourable results. Hiring an experienced lawyer who practices solely in the area of drinking and driving offences is your best chance at beating a DUI. If you have been charged with refusing a breathalyzer in Ontario, there is no time to waste. Get in touch with Michael Engel today for a free initial consultation.