Getting stopped by police while driving is stressful for anyone. But in Edmonton and across Alberta, that stress doubles the moment an officer asks for a breath sample. Your mind races. Is it required? Can you say no? Should you say no?

In those few seconds, there’s a lot to consider—and most drivers don’t feel prepared. What seems like a simple question quickly becomes a legal gray area. That’s where things get complicated.

Before you find yourself in that moment—or if you already have—here’s what matters most: understanding your options and the real meaning behind that request. You might be surprised at what the law actually says and what your decision can set in motion.

A man driving a car on the highway.

What Is a Breath Test and Why It’s Requested?

Police officers in Alberta can demand a breath test if they suspect you’ve been drinking and driving. There are two main types:

  • Roadside screening tests (Approved Screening Devices): quick tests to check if alcohol is present.
  • Breathalyzer tests: These tests are usually done at the police station to determine exact blood alcohol levels.

Under recent Canadian laws, officers can now request a breath sample even without visible signs of impairment if you’ve been lawfully stopped. That means just being pulled over is enough for the officer to ask.

These expanded powers make it more important than ever to understand what you’re being asked—and what can happen next.

Technically, yes—you can refuse. But that choice brings serious consequences.

Under the Criminal Code of Canada, refusing a lawful demand for a breath sample is treated as if you failed the test. This means you can be charged and penalized the same way as someone who blows over the legal limit.

This isn’t a small infraction. A refusal charge can lead to criminal prosecution, a suspended license, and a permanent record.

If you’ve been charged with refusal, or you’re unsure whether the demand made was lawful, it’s important to speak with a criminal defense lawyer who understands Alberta’s DUI and impaired driving laws. Legal advice early on can make a difference in how your case unfolds.

According to an expert Liberty Law DUI lawyer in Edmonton, the first thing that happens when you refuse a lawful breath test is immediately suspending your driver’s license.

Those penalties don’t end there:

  • Your car can be impounded for 30 days.
  • You are facing criminal charges under federal law.
  • Administrative penalties under Alberta’s Immediate Roadside Sanctions (IRS) program may be applied.

Even if it’s your first time, the consequences are lasting. If you refuse, you lose your license for at least 90 days and then have the option of a 12-month ignition interlock program to get back behind the wheel.

Lawyers who specialize in impaired driving cases can guide you through the process, help you avoid expensive mistakes, and work with you to see if any possible defenses exist.

What Courts Consider in a Refusal Case?

Not every charge of refusing to comply unfolds that way. Courts consider the reasons for the refusal:

  • Did you know your rights up front?
  • Was the breath demand lawful, and was it properly issued?
  • Were you sick, or did you have a good reason not to comply?

For instance, things like not understanding the language or health conditions preventing you from providing a sample could impact the results. These are legal gray areas that are slippery to navigate. A defense attorney can check the specifics of your case to see if your rights were honored and if the demand was even legitimate.

How a DUI Can Affect Your Life

A DUI charge doesn’t just stay on paper—it follows you into everyday life. It can limit your ability to travel, especially to countries like the U.S., where border entry with a criminal record becomes more complicated.

Finding a new job can also get harder, especially if background checks are involved. Some employers see a DUI as a red flag—even if it’s your first.

If you rely on driving for work or daily responsibilities, losing your license can quickly disrupt your routine. While the legal penalties are tough, the personal impact often hits harder and lasts longer than expected.

Refusal and impaired driving charges are among the most technical offenses in Canadian criminal law. It’s not just about what happened on the roadside. It’s about whether the officers followed the correct legal procedure.

A DUI defense lawyer knows how to:

  • Challenge improper procedures
  • Review officer conduct
  • Analyze whether the evidence holds up

In some instances, cases are dismissed because of missteps in how the test was requested or in how the arrest was conducted. At other times, a lawyer can negotiate for a lesser sentence or alternative punishment.

Conclusion

Refusing a breath test in Alberta has real consequences. It may feel like a quick decision, but it carries long-term legal weight. If you’ve been charged, the best step forward is getting legal advice from someone who understands impaired driving laws inside and out.

A single moment doesn’t have to define your future, but how you respond next certainly might.