Line 1 on your paper · the charge
Your paper says 320.15.
That's the refusal charge: refusing or failing a breathalyzer, or a blood or drug demand. It is its own criminal charge, separate from over 80, and there is no reading on it. Know what it brings at the roadside and what to do before your first court date.
The line, word by word
Three words carry this line.
The Criminal Code: a person commits this offence who, "knowing that a demand has been made, fails or refuses to comply, without reasonable excuse" (s. 320.15(1)).
You knew you were asked.
The line starts with what you knew: that a demand had been made.
A breath, blood or drug test the officer asked for.
The breath, blood and drug demands in ss. 320.27 and 320.28 of the Criminal Code. More on when police can demand a breath sample.
The law leaves room for a reason.
What counts, and whether anything does in your case, is a question for the call.
Two ways onto the same line
Refused the breathalyzer, or couldn't blow.
The line says "fails or refuses". So it can be written for someone who said no and for someone who tried and couldn't give a sample. Your paper won't say which.
Lines 5 and 6, and line 2
No reading. The same two roadside clocks.
At the roadside, Ontario treats refusing a test like a reading of 0.08 or over: a 90-day suspension and a 7-day impound. Both run on their own, whatever the court decides.
Count your daysThe car.Held at the yard. The registered owner collects it after day 7. Your paper says 7 days
The licence.Suspended by the police, not a court. Your paper says 90 days
The court date.The criminal case for 320.15 starts here. Which courthouse is on it?
Most people read this line for the first time at the kitchen table, the morning after.
Line 2 · the first appearance
The first morning in court is usually short.
If you don't have a lawyer yet, go yourself. A missed court date can lead to a warrant.
Your building, room and time: Your paper says 10 Armoury Street · Your paper says Brampton · Your paper says Oshawa · Your paper says Newmarket · Your paper says Milton
- Arrive early with the paper.Bring ID and every paper you were given.
- Find your courtroom.The lists inside show your name and room. Line 3 tells you the building.
- Your name is called.Usually the Crown's evidence, called disclosure, is handed over or asked for.
- You leave with a next date.Usually nothing is decided about guilt at a first appearance.
Often on the same paper
Lines that sit next to this one.
About this line
Asked about 320.15.
I tried to blow but it didn't register. Is that a refusal?
The line says "fails or refuses", so trying and not giving a sample can end up on this paper too. Whether that fits your night is a question for the call.
Can you refuse a breathalyzer test in Ontario?
The Criminal Code makes failing or refusing a demand, without reasonable excuse, an offence of its own. Whether anything counts as an excuse in your case is a question for the call, with your paper in front of you.
Talk it through
Talk through 320.15(1).
Say it's a refusal and which papers you have. No need to explain what happened.