Updated: March 13, 2025
Legally Reviewed by Alan Pearse
Refusal or Failure to Provide a Sample
The Short Version:
a. You get charged with refusal when you do not provide a sample when the police ask you to.
b. Whether or not you should provide a sample depends on the circumstances. You should call a DUI lawyer to help you decide. Mr. Pearse answers the phone 24 hours a day.
The Long Version:
Another charge that commonly comes up in a DUI investigation is commonly referred to as a “refusal” or “failure” charge. This charge refers to the fact that the accused was either unwilling or unable to provide a sample on either an approved screening device or a breathalyzer. This is also a criminal offence as per section 254(5) of the criminal code.
DUI Lawyers are often asked “Should I provide a sample at the police station or not?” Unfortunately, there is no easy answer to this. Whether or not it is in the accused’s best interest to provide a sample will often depend on the specifics facts of the individual case. While it is safe to say that in the majority of cases the accused is better off to provide a sample, this is not always true, and should not be taken as a rule of thumb. If the accused is detained by the police, the best thing to do is to call a lawyer to review the file before the sample is given. This is why Mr. Pearse answers the phone more or less 24 hours a day. It is very normal for people who are charged with impaired driving to be picked up late at night, in the early-morning, on weekends or holidays and generally outside of regular business hours.
About Alan Pearse
Alan Pearse is a Calgary-based DUI lawyer with a practice focused exclusively on impaired driving litigation. Author of Guide to Breathalyzer Certificates in Canada.
Practicing since 2000, he has defended thousands of clients and frequently lectures on DUI law to lawyers and students. A member of the Law Society of Alberta, he represents clients across Canada, except in Quebec. He regularly answers DUI-related inquiries from both legal professionals and the public.
Testimonials
What They Are Saying
Alan did a very good job. I felt like the police were on trial.
Mr. U
Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn't even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.
Lissa Klap
I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.
Mz. W
Alan was very professional and got the absolute best results!!! Would recommend him to anybody !!! Thank you Alan
Shaun Bailey
Alan represented me for the last 20 months with various charges. He has had all of my charges and fines dropped. He was always diligent at responding to my calls and texts when I had questions or concerns. His experience in DUI law and winning track record speaks for itself. I highly recommend Alan to anyone facing these charges and all of the other charges/fines that come along with anyone’s case.
Jenny Mosley