Consequence to Refusal or failure to comply with a demand to blow into an approved screening device (ASD)
Refusal or failure to comply with an order to provide a breath sample in an approved screening device (ASD)
Penalty in the event of a repeat offense: IMPRISONMENT AND Ignition Interlock for LIFE!
A peace officer who has in his possession an approved screening device may, in the lawful exercise of his powers, order the person operating a motor vehicle to immediately provide the breath samples that the police officer peace considers necessary.
On the other hand, if a peace officer has reasonable grounds to suspect the presence of alcohol in the body of a person who has driven in the previous 3 hours, the Criminal Code provides that he may order him to immediately blow into an ADA.
Commits an offense who, without reasonable excuse, knowing that the order to provide a breath sample has been given, fails or refuses to comply without delay with a given order.
Refusal or failure to comply with an order to provide a breath sample in an approved breathalyzer
A peace officer who has reasonable grounds to believe that a person has driven a means of transportation while their ability to drive was impaired to any degree by the effect of alcohol or that they have, in two hours following the moment when they stopped driving a means of transport, a blood alcohol level equal to or greater than eighty milligrams of alcohol per hundred milliliters of blood may, provided he does so as soon as possible, order them to provide breath samples that, in the opinion of a qualified technician, are necessary for proper analysis using an approved breathalyzer. The peace officer can also order the person to follow him so that blood or breath samples can be taken.
Commits an offense who, without reasonable excuse, knowing that the order to provide a breath sample has been given, fails or refuses to comply without delay with a given order.
Sanctions:
For these two situations, the Highway Safety Code provides for immediate measures which are: an immediate suspension of the driving license for a period of 90 days, 30 days of seizure of the vehicle and a risk assessment.
In the event that a person is found guilty of this offense, the criminal code provides for a minimum penalty of a $2,000.00 fine, a criminal record and a 1-year driving ban for a first offense. Added to this, are the sanctions provided for in the Highway Safety Code which include: a revocation of the driving license for 3 years (concurrent with the 1 year ban provided for in the criminal code) with the possibility of driving a vehicle equipped with an alcohol ignition interlock device, then a risk assessment.
Following the 3-year revocation period and successful completion of the risk assessment, there is a 2-year period during which the use of an alcohol ignition interlock device is mandatory. There will therefore be a total period of 5 years during which the use of an alcohol ignition interlock device will be compulsory.
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