practice area

Failure to Provide Sample Lawyers Greater Toronto Area (GTA)

If you were arrested and taken into custody, contact a Failure to Provide Sample Lawyer in the Greater Toronto Area (GTA) as soon as possible.

Failure to Provide Sample Lawyers Greater Toronto Area (GTA)

If you were arrested for refusal or failure to provide a sample in the Greater Toronto Area, contact a GTA criminal lawyer.

Defending You Against the Failure to Provide Sample Charge in the GTA

Under Canada’s impaired driving law, persons charged with a refusal or failure to provide a sample can face the same penalties as they would for any other drinking and driving offence.

While you are usually required to provide samples of your breath or blood, you may be able to avoid a conviction if you can prove that you have a medical condition that prevented you from giving the sample or have any other reasonable excuse to refuse to give a sample.

Consult with a GTA failure to provide sample lawyer at Lawyers From The Six to help you collect evidence and documentation to prove that you had a reasonable excuse for not providing a sample.

What is failure to provide sample?

In Canada, you are required to provide samples of your blood or breath upon a police officer’s request if the officer:

Under Section 320.15 of the Criminal Code of Canada, you can be charged with the criminal offence of failure or refusal to comply with demand if you intentionally fail or refuse to give samples upon request.

What are the types of samples and tests?

There are different types of tests and samples law enforcement can request when you get pulled over, and a police officer has a suspicion that you are impaired by alcohol or drugs:

Roadside tests can be demanded by law enforcement based on the officer’s judgment about your ability to operate a motor vehicle.
Mandatory roadside breath tests are randomly conducted by law enforcement to detect impaired drivers.
Testing at the police station/medical facility. If you were arrested for impaired driving or taken to the police station or medical facility to conduct further testing, you may be requested to undergo a series of tests, including Drug Recognition Evaluation and bodily fluid sample testing.

What are the penalties for failure to provide samples?

Penalties under the Criminal Code of Canada are the same as for any other DUI charges:

First offence. A $2,000.00 fine.
Second offence. Imprisonment for 30 days.
Third and subsequent offences. A 120-day sentence.

An additional two years’ less a day for a summary conviction or 10 years in jail if the offence is prosecuted as an indictment.

If you are convicted of refusing to provide a sample under the federal law, you will face also face punishment under the Ontario Highway Traffic Act:

If you were arrested for refusal or failure to provide a sample in the Greater Toronto Area, your first step should be to contact a skilled criminal lawyer. Speak with our GTA failure to provide sample lawyers at Lawyers From The Six to build a successful defence.

WE OFFER FREE NO OBLIGATION CONSULTATIONS

practice area

Failure to Provide Sample Lawyers Greater Toronto Area (GTA)