Refusing a Breathalyzer Test? Calgary Impaired Driving Lawyers Explain the Risks
Being pulled over is stressful. If an officer asks you to take a breathalyzer test, your instinct might be to say no. You may think you’re protecting yourself, especially if you had something to drink. But in Canada, refusing a breath test often creates more problems than it solves.
At Muenz Law, we help people charged with refusal and impaired driving in Calgary and across Alberta. Here’s what you should know if you’re thinking about refusing—or already have.
Is It Legal to Refuse a Breath Test?
Technically, no. If a police officer makes a lawful demand for a breath sample—either at the roadside or at the station—you are required to comply. Refusing without a valid legal reason is a criminal offence in Canada.
Many people are surprised to learn that the penalties for refusing a breathalyzer are the same as for impaired driving. These penalties include:
- A $2,000 fine (or more in some cases)
- A mandatory one-year driving ban
- A criminal record
- Jail time if this isn’t your first offence
Refusing the test won’t help you avoid charges. It may even make things worse.
Why Refusing Doesn’t Help You
Some drivers think that without a breath sample, there won’t be enough evidence for a conviction. But that’s not how the law works.
When you refuse a test, prosecutors don’t need to prove you were drunk. They just need to show you didn’t follow a lawful demand. Courts treat this very seriously. They often assume the refusal was an attempt to hide something.
In many cases, it’s easier to fight an impaired charge with test results than to defend a refusal.
Are There Any Legal Reasons to Refuse?
There are a few, but they’re rare. If you have a medical issue that makes it hard to blow into the machine, or if the equipment isn’t working, that might be a defence. But you’ll need strong proof, and you’ll need a lawyer who knows how to argue your case.
At Muenz Law, we look closely at the details. Was the demand made properly? Were your rights explained? Did the officer follow the correct procedure? These questions can make a big difference in how your case turns out.
What to Do If You’ve Been Charged
If you’ve already refused a breath test and been charged, don’t panic—but don’t wait, either. These charges move fast, and the consequences are serious.
Your first step should be to talk to a lawyer. At Muenz Law, we’ve defended many people in your position. We take the time to explain your options and guide you through every step.
Why People Call Muenz Law
People come to us because they want someone who understands how Alberta courts work. They want a lawyer who doesn’t judge them—but knows how to help them move forward.
Here’s what sets us apart:
- Clear, honest advice
- Strong courtroom experience
- Personal attention to your case
- A focus on getting you results, not just processing paperwork
We believe everyone deserves a fair defence—no matter what the charge is.
Talk to a Calgary Impaired Driving Lawyer Today
If you’re facing charges for refusing a breath test, you don’t have to handle it alone. Get advice you can trust and a legal team that knows how to fight for you.
Call Muenz Law today for a consultation at 403-543-6666. We’ll help you understand your rights and build the strongest defence possible.