The police charged me with impaired driving and with failing or refusing to provide a sample. What is failing or refusing to provide a sample?
This means the police had the right to demand a breath or a blood sample and asked someone for a sample; but the person failed or refused to provide a sample and did not have a reasonable excuse for failing or refusing to give it.
Can the police charge me with failing or refusing to provide a sample of my blood or breath?
It depends on some basic elements:
- Did the police have the right to demand a sample of your breath or blood?
- Did the police demand from you a sample of your breath or blood?
- Did you fail or refuse to give a sample?
- Did you have a reasonable excuse to fail or refuse to give a sample?
A lawyer can advise you whether any of those basic elements apply to you.
What is a reasonable excuse to fail or refuse to give a sample of my breath or blood?
In general, a reasonable excuse is anything that (a) makes it extremely difficult to comply with the police demand for a sample or (b) is likely to involve substantial risk to your health if you comply with the demand for a sample. Being voluntarily drunk is not a reasonable excuse. A lawyer can advise you on whether or not you have a reasonable excuse.
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