Refused A Breath Test In Alberta? What You Need To Know Right Now

Getting pulled over for suspected impaired driving is stressful enough, but being asked to provide a breath sample? That’s when it gets real.

In the heat of the moment, some people panic. Some believe they have the right to say no. Others just don't understand what refusing a breath test means under Alberta law.

If you’re facing charges after refusing a breathalyzer or roadside test, you’re not alone—but you do need to act fast. A skilled DUI defence lawyer can help you understand what’s at stake and guide you through your legal options under Alberta’s impaired driving laws.

Can You Legally Refuse A Breath Test In Alberta?

Technically, yes—you can refuse. But legally, that decision comes with serious consequences.

Under Section 320.15 of the Criminal Code of Canada, refusing to comply with a police demand for a breath sample is a criminal offence. In other words, saying “no” can result in a charge that carries the same penalties as a DUI.

And here’s the kicker: you don’t need to be impaired for the charge to stick. Simply refusing is enough.

Types Of Breath Tests You Might Be Asked To Take

In Alberta, there are generally two types of breath tests:

Roadside Screening Device (ASD)

Usually requested at the scene

Determines if there’s alcohol in your system

You must blow into the device when asked

Evidentiary Breathalyzer (At Police Station)

Conducted after arrest

Measures blood alcohol concentration (BAC)

Results can be used in court

Refusing either one can result in charges, and in many cases, both may be requested.

What Happens Immediately After You Refuse?

If you refuse a breath test in Alberta, here’s what typically happens next:

Immediate License Suspension

You’ll face an Immediate Roadside Sanction (IRS), including a license suspension starting from 90 days.

Vehicle Seizure

Your car may be impounded for up to 30 days, depending on your situation.

Criminal Charges

You will likely be charged with Refusal to Provide a Breath Sample, and you’ll be required to appear in court.

These consequences can kick in even before you're convicted.

What Are The Penalties For Refusing A Breathalyzer?

Refusing a breath test is treated just like driving over the legal limit. Here’s what you could be facing upon conviction:

Penalty

First Offence

Second Offence

Third+ Offence

Fine

Minimum $2,000

Possible jail time

Mandatory jail

License Suspension

1-year minimum

3 years

Lifetime (with possible reinstatement)

Ignition Interlock Program

Required

Required

Required

These penalties can have a long-term impact on your job, your insurance, and your criminal record.

But I Didn’t Understand The Demand—Does That Matter?

It might.

In order for a charge of refusing a breath test to be valid, the police must:

Clearly communicate the demand

Have reasonable grounds to make the demand

Inform you of the consequences of refusal

If any of these steps are mishandled, your defence lawyer may be able to argue that your refusal was not a “voluntary and informed” decision. That could be the key to getting your charges dropped or reduced.

Is It Better To Refuse Than Blow Over The Limit?

Short answer: No.

A lot of people believe that refusing a test is better than being caught over the legal limit. But under Alberta law, the punishment is the same—or even worse.

Refusal doesn’t mean your situation disappears. In fact, prosecutors often push refusal cases harder, since it can be seen as obstructing justice.

Can You Fight A Refusal Charge In Alberta?

Absolutely. While the charge is serious, it doesn’t mean a conviction is automatic. A strong defence might involve:

Challenging the legality of the demand

Proving that you had a reasonable excuse (e.g. medical condition, language barrier)

Arguing procedural errors by the arresting officer

Questioning the accuracy or reliability of evidence

Each case is different—and that’s why it’s so important to get legal advice early in the process.

Will A Refusal Stay On My Criminal Record?

Yes. A conviction for refusing a breathalyzer will result in a criminal record, just like a DUI.

This can affect:

Employment (especially jobs involving driving or security clearance)

Travel (particularly to the U.S.)

Insurance premiums and eligibility

Future legal matters or background checks

You may eventually apply for a record suspension (formerly called a pardon), but that’s a process that takes time and eligibility requirements.

How Alberta’s Refusal Laws Compare To Other Provinces

Refusing a breath test is a criminal offence across Canada, but Alberta's Immediate Roadside Sanctions (IRS) program makes the consequences feel more immediate and intense.

Other provinces might delay suspension or offer more flexibility with appeals, but in Alberta, penalties like license suspensions and vehicle seizures often kick in on the spot.

It’s also worth noting that Alberta’s impaired driving framework includes administrative penalties, criminal penalties, and mandatory education programs. These layers make Alberta one of the stricter provinces when it comes to DUI-related laws—including breath test refusals.

What Counts As A “Reasonable Excuse” To Refuse?

There are very few acceptable reasons to refuse a breathalyzer—but some cases have succeeded with these defences:

Medical Conditions: Certain respiratory illnesses or anxiety disorders that make it physically impossible to blow.

Language Barriers: If you didn’t understand what was being asked and the officer failed to clarify.

Faulty Equipment: If the breathalyzer was malfunctioning or not calibrated correctly.

Police Misconduct: If your rights weren’t properly explained, or if the demand was unlawful.

A legal professional can assess whether your specific situation meets the standard of a “reasonable excuse” under Canadian criminal law.

The Role Of Legal Representation

A refusal charge might seem simple on the surface, but these cases often hinge on complex details—like the exact wording used by officers, the time taken to make the demand, and the nature of your response.

Having an experienced criminal defence lawyer means you’ll have someone who can:

Review police conduct and video footage

Cross-examine the accuracy of the evidence

Protect your rights throughout the legal process

Challenge procedural missteps that could lead to dropped charges

In short, it’s not just about fighting the charge—it’s about making sure the legal system works as it should.

Prevention Tips: What To Do If You’re Pulled Over

Nobody plans to get pulled over, but if it happens, here are some steps that can help protect your legal position:

Stay Calm: Cooperate politely but don’t overshare. You have the right to remain silent.

Follow Instructions: If an officer makes a lawful demand, comply—but take mental notes of how it’s delivered.

Ask Questions: Clarify what kind of test is being requested and what your rights are.

Request Legal Counsel: If you're unsure, you have the right to speak with a lawyer before complying at the station.

These steps won’t guarantee you avoid charges, but they’ll help build a stronger defence if the situation escalates.

Summary

To wrap it all up—refusing a breath test in Alberta is a serious mistake that can follow you for years. It’s not a clever workaround. It’s not “just a ticket.” It’s a charge that carries weight, both legally and personally.

Understanding what happens next, knowing your rights, and getting qualified legal help is the best way to protect yourself. Every case has unique facts, and the right legal strategy can make a significant difference in the outcome.