Refusing The Breathalyzer In Alberta
In the province of Alberta a police officer retains the right to pull over any driver who is exhibiting inconsistent driving behavior. If a driver displays inconsistent speeds, improper use of high beams, not using headlights in evening hours, or failure to signal, an office will pull that vehicle over for questioning and a further inspection. At that point, an officer will be on alert for identifying the presence of alcohol or drugs in the vehicle, and visually assessing whether the driver is under the influence. If suspicion is strong, the officer will request a driver to submit a roadside breathalyzer.
Blowing over .05 on a breathalyzer test will result in a 72-hour suspension of license and vehicle, while blowing over .08 will result in criminal charges being laid for impaired driving.
The refusal by the driver to submit a roadside breathalyzer will result in an automatic charge of blowing over .08 – an impaired driving charge. Only in extreme circumstances where a medical condition or injury is evident (caused by an accident at the scene) can a driver refuse to submit the test. Protocol for this situation dictates that the driver will be subject to a breathalyzer test or blood sample at a hospital, upon receiving care. Refusal to submit either sample at this point will result in a automatic impaired driving charge.
I Refused To Give A Breathalyzer Sample. What’s Next?
If you have been subject to a roadside breathalyzer and you have refused to submit the sample, you have been likely charged with impaired driving. At this point you will certainly need a criminal defense lawyer in Fort McMurray to represent your case, and to examine the circumstances in which you were pulled over, as well as your reasoning for not submitting a breath or blood sample to authorities. An impaired driving charge in Alberta is a very serious matter and can involve strong sentences, especially if you are a repeat offender.
Contact Our DUI Lawyers In Fort McMurray
Impaired driving charges are not the same as traffic violations. They come with heavy financial penalties as well as the possibility of time in prison. If you, or someone you know, is facing a DUI charge in Alberta contact our drunk driving lawyers and let us help you build your defense, question the evidence, and submit a plea that is in your best interests. Call today.