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.