Fail or Refuse to provide a sample of blood | Toronto Criminal Lawyers
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Fail or Refuse to Provide a Sample of Blood Charge

Fail or Refuse to Provide a Sample of Blood

A police officer has reasonable grounds to believe that a person is committing, or at any time within the preceding 3 hours has committed an offence of impaired driving or driving with over 80 mg of alcohol per 100 ml of blood

-and-

The officer has reasonable grounds to believe that because of their physical condition, the person may be incapable of providing a sample of breath, OR, it would be impracticable to obtain a sample of breath the officer may demand that the accused provide a sample of blood for analysis.

Defences to “failure to provide a blood sample” a few examples are provided:

  1. Was the demand proper – Taking of blood is a very invasive procedure and the grounds to make such a demand must be clearly defined;
  2. Rights to counsel;
  3. Was it impracticable to obtain a sample of breath or just a mere convenience to demand blood instead;
  4. Was the accused unable to provide a breath sample, ie. was it reasonable for the officer to believe that the accused was incapable of providing a sample

Note that samples of blood may be taken only by or under the direction of a qualified medical practitioner who is satisfied that taking of samples would not endanger the person’s live

Penalty (The Sentence)

For a first time offender the consequences will usually include:

  1. Fine
  2. Driving prohibition and licence suspension
  3. Interlock device installation restrictions on your driver’s licence
  4. Insurance consequences
  5. Criminal record
  6. For a subsequent offender Jail is often mandated and longer periods of driving prohibition and licence suspensions are imposed.

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