CanadaCan I refuse a breathalyzer test at a roadside stop?
No, you cannot legally refuse a breathalyzer test at a roadside stop in Canada — it is a criminal offence under the Criminal Code, punishable by mandatory minimum penalties including fines and jail time.
What the Law Says
Under Canada’s federal Criminal Code, police officers have the legal authority to demand a breath sample from drivers they lawfully stop if they have reasonable grounds to suspect alcohol impairment. Refusing that demand — without lawful excuse — is itself a criminal offence carrying strict penalties.
The law applies uniformly across all provinces and territories because impaired driving and breath testing are governed by federal criminal law, not provincial traffic statutes.
Police do not need to observe signs of impairment before making a 'screening demand' — they may request a breath sample during any lawful traffic stop, including random roadside checks authorized under provincial highway legislation (as upheld in R. v. Hufsky).
A 'lawful excuse' for refusal is extremely narrow — for example, a documented medical inability to provide a breath sample, confirmed by a physician and communicated to police at the time. Simply being afraid, misunderstanding your rights, or wanting to speak to a lawyer first does not qualify.
Statutory TextEvery person who, having been required by a peace officer to provide a sample of breath… fails or refuses to do so… is guilty of an offence punishable on summary conviction.
— Criminal Code, s. 320.15(1) — Refusal to comply with demand
Statutory TextEvery person who, having been required by a peace officer to provide a sample of breath… fails or refuses to do so… is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
— Criminal Code, s. 320.15(2) — Punishment
What Courts Have Said
Courts have consistently upheld the constitutionality of roadside breath demands and rejected arguments that refusal is protected under the Charter — especially where the initial stop is lawful.
The Court ruled that random roadside stops for sobriety checks (under Ontario’s Highway Traffic Act) do not violate section 9 of the Charter (protection against arbitrary detention), provided they are conducted as part of a systematic program — thereby supporting the legality of breath screening demands made during such stops.
What to Do
If stopped and asked for a breath sample, comply immediately — refusal is a separate criminal charge.
You have the right to speak to a lawyer *after* providing the breath sample, not before.
If you have a genuine medical condition preventing you from blowing into the device, clearly state it to the officer and request medical confirmation — but do not delay or decline outright.
Do not argue, negotiate, or ask to call a lawyer first — this will not excuse refusal and may worsen consequences.
If charged, consult a criminal defence lawyer promptly — defences are narrow and time-sensitive.
Sources
Same Question, Other Jurisdictions
Ireland
UK
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.