Hamilton Failure to Provide DUI Defence
Defending A Failure to Provide a Specimen Charge in Hamilton
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do If You’ve Been Arrested in Hamilton For Failing to Provide a Specimen
Most people get surprised when they come to learn that the failure to provide a sample to a police officer is a criminal offence under the Criminal Code. Refusal is considered a serious criminal offence and is punishable with severe consequences. If the police suspect that you are intoxicated while driving they will demand a breath, urine or blood sample and if you refuse this demand you will be given a failure to provide a breath sample charge.
Failing to provide a specimen carries the same penalties as a standard DUI, which include driving prohibition throughout the country, fine and a criminal record. Our firm employs some of the most recognized DUI lawyers in Hamilton, Ontario and we believe in upholding your safety and protection from all consequences arising out of a failure to provide charge.
Failing To Provide A Specimen Is A Criminal Offence in Hamilton, ON
A failure to provide a breath sample DUI offence is considered a serious crime in Hamilton, Ontario and is dealt with in the strictest manner. It becomes vital your Hamilton DUI lawyer to prepare your case in such a way that the charges may be dropped by the Crown. The lawyer may prepare a case based on the breath or blood samples and may try to challenge them in court. However, if you fail to provide a specimen, this will not only get you charged with Refusal but it will also weaken your defence.
Hamilton Police Physical Sobriety Tests and Failing to Provide a Specimen
If a Hamilton police officer reasonably suspects that you have impaired ability due to alcohol and have driven a vehicle in the past three hours, he/she may ask you to do some physical sobriety tests so that your coordination can be assessed. The physical sobriety tests may include walking heel to toe or standing on one leg among others. Failing to provide a specimen or refusal to do the physical sobriety test when demanded by the police will create grounds for you to be charged with failure to provide a breath sample or specimen.
For a physical sobriety test, the police do not have to read you the Charter Rights such as your right to contact a lawyer and they also don’t need to wait until you speak with your lawyer before requiring you to take the test.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
The Consequences of Failing to Provide a Specimen in Hamilton, Ontario
Failing to provide a specimen or Refusal has the same penalties as those of a DUI offence. Such penalties include; being unable to drive throughout the entire country, a fine and a criminal record. However, the worst consequences of a refusal charge are:
- Unlike a regular DUI case a refusal case has no breath, urine or blood sample and so your lawyer won’t be able to challenge the accuracy of the readings. This would ultimately limit the lawyer’s arguments in your defence.
- With no Blood Alcohol Concentration readings, there is very little room for prosecutorial discretion. In most cases, when the reading is close to the legal limit the lawyers can try to convince the Crown to agree to a provincial careless driving charge instead of a DUI. This will benefit the accused since there will be no criminal record. However, in refusal cases, there is no BAC level and the accused is not charged with impaired driving; the charges, in this case, will be failing to provide a specimen. The crown will be reluctant to settle for any lesser offence since the alcohol concentration level is unknown.
Remedies If You Fail to Provide a Specimen in Hamilton
Failure to provide a breath sample or failure to provide a specimen even without a reasonable excuse does not mean you are guilty. The Criminal Code has a set of rules and regulations that must be followed when taking a blood test or a breath sample, and if a police officer does not abide by these rules, then the demand is not lawful and the refusal case against you may be dismissed. Retaining a good DUI lawyer who deals with cases relating to impaired driving and failure to proivide offences becomes necessary. Our firm offers the most reliable DUI lawyers in Hamilton, Ontario who strive to guarantee your protection against all legal implications resulting from a DUI Refusal charge all the way to cases involving teen drinking and driving offences.
Points To Consider When You Fail to Provide Specimen in Hamilton, Ontario
If you fail to provide a specimen in Hamilton, Ontario you will be given a Failure to provide charge. A conviction in a refusal charge can be life altering and will make your future bumpy. However, our DUI lawyers have extensive experience defending all types of cases related to DUI offences. Call us now to get more information and receive a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
Hamilton DUI Defence Attorney
