Will you guys help me in figuring out the difference wi5) dui/ refusal to blow on the breathalyzer or are these two the same?

I just want to know if DUI and refusal to blow/ take the alcohol test are two different things? My boyfriend got his first DUI 2012, paid the fine and completed the necessary requirements to take for that case. Fast forward to November of last year, he was at a checkpoint and the officer in charge insisted for him to take a breathalyzer test (which he refused) He told the officer beforehand that he had two bottles of beer, so thats the reason he was charged with refusal. His license was suspended for 3 mos, car impounded for 7days after the incident.2nd question: Will this charge serve as a second offense DUI or first offense Refusal? What is the best option for him to take in this matter in order to get the best possible outcome in this pending case? I hope you guys can help. (This happened in the Ontario area)Thanks!


Asked 3 months ago in Ontario
Categories: DUI

Answer Now

Yossi Schochet

Answer by Yossi Schochet

VerifiedOntario lawyer

Although these charges (Driving while Impaired and Refuse Breath Sample) are separate charges (and one can be convicted on both in the same incident), they are considered within the same category of charges that could lead to greater consequences if one is charged when re-offending. 

I would be happy to meet with you both and discuss the options, consideration, concerns and likelihood of outcome (I provide for free a brief initial consultation). 

Let's talk and I will gladly advise you. 

My contact number is provided.   

Yossi Schochet 

Barrister & Solicitor 
Law 
Chambers
469 Lawrence Ave W (@ Bathurst St.)
Toronto, Ontario M5M 1C6
Cell: 416 450 4099 

Posted 2 months ago

Yossi Schochet 
Barrister & Solicitor 
Law 
Chambers
469 Lawrence Ave W (@ Bathurst St.)
Toronto, Ontario M5M 1C6
Cell: 416 450 4099 

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Yossi Schochet, or search the Lawyer Directory.

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