Refusal Charges
Refusal Charge Lawyers in Edmonton
Refusing or failing to provide a breath or drug sample is treated as seriously as blowing over the limit. But a refusal case depends on whether the demand was lawful and whether you truly refused — both of which can be challenged.
Verdicta LLP's refusal lawyers in Edmonton defend drivers accused of refusing or failing to comply with a breath, blood or drug demand — both as an IRS: FAIL through SafeRoads Alberta and as a Criminal Code refusal charge (s. 320.15).
What we defend
- Refusing a roadside screening demand
- Refusing an evidentiary breath demand
- Refusing a drug evaluation or blood demand
- Failure to provide a suitable sample
- IRS: FAIL (refusal) reviews
- Criminal Code refusal trials
Two ways a refusal can be dealt with
In Alberta, police usually respond to a refusal with an IRS: FAIL under SafeRoads Alberta — a 90-day suspension, a 30-day vehicle seizure, a fine and a longer suspension with the ignition interlock program. Police also have discretion to lay a Criminal Code refusal charge, especially for repeat occurrences or aggravating circumstances.
A Criminal Code refusal conviction carries a mandatory minimum $2,000 fine for a first offence, a driving prohibition and a criminal record — higher than the minimum for most first-time over 80 convictions.
What the prosecution must prove
- A lawful demand. The officer must have had the legal authority to make the specific demand, and must have made it properly.
- A refusal or failure. The refusal must be clear. Confusion, a genuine attempt that didn't produce a suitable sample, or a medical problem can all matter.
- No reasonable excuse. A reasonable excuse — for example, a genuine medical inability — is a defence.
Common issues in refusal cases
- Whether you were warned of the consequences of refusing and given a chance to comply
- Whether your right to speak to a lawyer was respected
- Whether the screening device or instrument was working properly
- Whether language barriers affected your understanding of the demand
We have had a refusal sanction cancelled on SafeRoads review where the officer's demand did not meet the strict legal requirements.
FAQ
Frequently asked questions
Have a question that isn't answered here? Call 780-229-4559 or see all FAQs.
Is it better to refuse a breathalyzer in Alberta?
No. Refusing carries the same or harsher consequences as blowing over the limit — an IRS: FAIL and, potentially, a Criminal Code charge with a $2,000 minimum fine.
Can I refuse until I talk to a lawyer?
Not at the roadside screening stage — you must comply immediately. For an evidentiary breath test at the station, you generally have the right to contact a lawyer first. Get legal advice about the specifics of your stop.
What if I tried but couldn't blow properly?
A genuine attempt that failed to produce a suitable sample isn't the same as a refusal. Medical conditions, anxiety and equipment problems can all be relevant. Evidence of your effort is key.
How do I dispute a refusal IRS?
Request a SafeRoads Alberta review within 7 days of the Notice of Administrative Penalty being issued. The review can be written or oral.
Charged, buying, or in a dispute?
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