NEWS RELEASE
YORK REGIONAL POLICE
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York Regional Police remains committed to our education and enforcement efforts regarding impaired driving and is reminding anyone who drinks and drives that failing or refusing to provide a breath sample when demanded to do so by police is not an effective strategy to avoid a charge and is, in fact, illegal.
In a recent incident on Jan. 24, 2023, an officer conducted a traffic stop on a vehicle in the Township of King. The officer spoke with the driver, noticed the smell of alcohol on the person’s breath and formed grounds to suspect the driver had recently been drinking. The driver was asked to step out of the vehicle and given a demand to provide a sample of his breath into an approved screening device. The officer demonstrated how the screening device was used and that it was functioning correctly.
The driver was given a total of nine attempts to provide a suitable sample of his breath and was warned he would be arrested and charged if he failed to do so. After several explanations, demonstrations and opportunities provided by the officer, it [appeared] that the driver was intentionally not providing a sample of his breath. He was then arrested and charged with failure to comply with the demand. His vehicle was impounded for seven days, and his driver’s licence was suspended for 90 days.
When a police officer suspects that someone has alcohol in their body and has, within the preceding three hours, operated a conveyance, the Criminal Code allows an officer to demand a breath sample for an analysis of it to be made by an approved screening device. Furthermore, the Criminal Code makes it an offence for anyone who fails or refuses to comply with such a demand without a reasonable excuse.
Drivers must be aware that if an officer demands a breath sample, they are legally required to provide it and blow properly into the device. Providing a breath sample is simple, straightforward and has been proven safe and easy, including for those with breathing issues or other medical conditions. Refusing to blow into the device or failing to do it properly results in a criminal charge, an immediate driver’s licence suspension and a seven-day vehicle impoundment.
Our officers continue to enforce impaired driving laws, and we remind those who choose to drive while impaired by drugs or alcohol that not only are we watching for them, but so are citizens who can notify police through our Safe Roads: Your Call program. Last year, more than 5,000 9-1-1 calls were made to report suspected impaired driving, thereby preventing serious or fatal collisions and leading to charges being laid.
We are not giving up.
For more information, please contact the York Regional Police Road Safety Bureau at 1-866-876-5423, ext. 7703 or contact corporate communications at 1-866-876-5423, ext. 2664.
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