Charged With Refusing a Breathalyzer in Saskatchewan? Next Steps

What a refusing a breathalyzer charge means

Refusing a breathalyzer, often called refusal to blow, is a criminal offence under section 320.15 of the Criminal Code. It is part of the impaired driving rules in Part VIII.1 of the Code, which came into force in December 2018. Being charged does not mean you are guilty. You are presumed innocent unless the Crown proves the charge beyond a reasonable doubt.

The offence is not limited to breath. It also covers refusing or failing to comply with a demand for an oral fluid (saliva) sample, physical coordination (roadside sobriety) tests, a drug recognition evaluation, or a blood sample. It applies to any conveyance, including cars, trucks, boats, snowmobiles and off-road vehicles.

To get a conviction, the Crown (the prosecutor who brings the case for the government) must generally prove that:

• a police officer made a lawful demand under section 320.27 (roadside screening) or section 320.28 (breath or blood test at the station, or drug evaluation);
• you knew the demand had been made;
• you failed or refused to comply, which can include not providing a suitable sample or delaying too long; and
• you had no reasonable excuse.

Refusal is a hybrid offence. The Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment (the more serious route). If you knew or ought to have known you were in a collision that caused bodily harm or death, the Crown can lay a more serious refusal charge with much higher penalties. For a national overview, see our guide to failure or refusal to comply with a demand.

What happens after a refusal to blow charge in Saskatchewan

Arrest and release

Most people charged with refusal are released by police the same day. You may be given an appearance notice or an undertaking, which is a written promise to attend court and, sometimes, follow conditions. If police do not release you, you will be brought before a justice for a bail hearing, who may release you on a release order with conditions.

Conditions can include not driving, not consuming alcohol, or reporting to someone. Breaking a condition is a separate criminal offence, so read your paperwork carefully and keep a copy.

Who decides on the charge

In Saskatchewan, police generally lay the charge. A Crown prosecutor with Saskatchewan Public Prosecutions then reviews the file and decides whether to continue, change or withdraw the charge.

First appearance

Your first appearance will usually be in the Provincial Court of Saskatchewan, including in Regina and Saskatoon. You do not enter a plea at the first appearance in most cases. It is mainly about getting disclosure and arranging next steps. A lawyer or agent can often appear for you on summary matters, but check with a lawyer before assuming you do not need to attend.

Disclosure

Disclosure is the Crown's evidence: police notes, video from the cruiser or station, records about the screening device or breath instrument, and witness statements. You have a constitutional right to it. In refusal cases, video and the exact words of the demand are often central.

The Crown's election

The Crown decides whether to proceed summarily or by indictment. Most first-time refusal cases proceed summarily in Provincial Court. If the Crown proceeds by indictment, you can usually choose to be tried by a Provincial Court judge, a judge of the Court of King's Bench, or a judge and jury.

Resolution or trial

After reviewing disclosure, your lawyer may discuss the case with the Crown. The charge may be withdrawn, resolved by a plea to the same or a different charge, or go to trial. What you decide is up to you, with your lawyer's advice.

Typical timeline

Cases often take several months to a year or more. Under the Supreme Court of Canada's Jordan decision, a case in Provincial Court should generally be completed within 18 months of the charge, and a case in superior court within 30 months, not counting delay caused by the defence.

Possible penalties for refusing a breathalyzer

Refusal carries mandatory minimum penalties, and these were not changed by Bill C-5 in 2022. A first-offence refusal has a higher minimum fine than a first impaired driving conviction at a lower blood alcohol level.

For the higher repeat-offence minimums to apply, the Crown must give you notice before plea that it will seek a greater punishment.

What sentences can look like in practice

• Fine and driving prohibition: the most common outcome for a first offence with no aggravating features.
• Ignition interlock: the Criminal Code lets a person drive during the prohibition if they enrol in a provincial ignition interlock program, subject to waiting periods for repeat offences and provincial eligibility rules.
• Discharges: an absolute or conditional discharge (a finding of guilt with no conviction recorded) is generally not available because of the minimum penalty. The Code does allow a court, with the Crown's consent, to delay sentencing so a person can attend an approved treatment program, which may change the outcome where such a program is available.
• Probation: may be added, with conditions such as counselling.
• Conditional sentence or jail: a conditional sentence (jail served in the community) cannot be used where a minimum jail term applies, so repeat offenders usually face real custody.

Factors that matter include prior impaired driving history, whether there was a collision or injury, the driving behaviour, how you acted with police, and whether a child was in the vehicle.

Other consequences in Saskatchewan

SGI licence suspension and vehicle impoundment

Separate from the criminal case, SGI can impose administrative licence suspensions and vehicle impoundment after a refusal. These are not criminal penalties. They can start right away, before any court date, and they may apply even if the charge is later withdrawn or you are acquitted. Ask SGI and your lawyer exactly what applies to you, including any program requirements to get your licence back. A conviction may also affect your driving record and insurance costs.

Criminal record and record suspension

A conviction creates a criminal record. You can apply to the Parole Board of Canada for a record suspension (formerly a pardon) after completing your whole sentence and waiting 5 years for a summary conviction or 10 years for an indictable one.

Travel to the United States

US border officers have broad discretion. A single impaired driving-type conviction may not automatically bar entry, but it can lead to questions or refusal, especially with more than one conviction. The US does not recognize Canadian record suspensions.

Immigration

If you are not a Canadian citizen, this matters a great deal. Because refusal carries a maximum of 10 years, it is treated as serious criminality under federal immigration law. A conviction can lead to loss of permanent resident status or removal. Speak to an immigration lawyer as well as a criminal lawyer before making any decision in your case.

Employment

A driving prohibition can end jobs that require driving, such as trucking, farm work, sales or trades. Some employers and professional bodies also run criminal record checks.

Common defences and issues a lawyer will look at

Every case depends on its facts. A lawyer will usually review:

• Was the demand lawful? For a roadside test, did the officer have a reasonable suspicion of alcohol or drugs, or was it a valid mandatory alcohol screening during a lawful stop? For a station test, were there reasonable grounds?
• Was the demand clear? Did you understand it, and were you told the consequences of refusing? Language barriers and confusion can matter.
• Reasonable excuse: for example, a genuine medical condition that made it impossible to give a sample. Believing you were sober is not a reasonable excuse.
• Failed attempts: in "failure to provide a suitable sample" cases, courts look closely at whether you were genuinely trying, and whether the device was working and properly used.
• Timing: roadside demands must be made and complied with promptly. Delays can affect the case.
• Charter s. 8 (search and seizure): breath, blood and fluid samples are searches and must be lawful.
• Charter s. 9 (arbitrary detention): whether the stop and detention were lawful.
• Charter s. 10(b) (right to counsel): this right is generally limited at the roadside, but once you are arrested and asked for a breath test at the station, police must tell you about your right to a lawyer and give you a real chance to speak to one.
• Delay: whether the case is within the Jordan timelines.

How common is refusing a breathalyzer in Saskatchewan?

According to Statistics Canada police-reported data (table 35-10-0177, failure or refusal to comply with demand, alcohol), Saskatchewan recorded 217 incidents in 2025, a rate of 17.13 per 100,000 people, with 208 persons charged. The national rate that year was 9.29, so Saskatchewan's rate was almost twice the Canadian rate.

The rate rose from 2019 to a peak in 2021, dipped in 2023, and climbed again in 2024 and 2025. In 2018 only 9 incidents were recorded, likely because the current offence only came into force late that year. Saskatchewan has stayed well above the national rate in every year. These figures cover alcohol demands; drug-related refusals may be counted separately. See more on our Saskatchewan crime statistics page and follow local cases on Saskatchewan crime news.

If you are the victim or complainant

A refusal charge often has no individual victim. But if you were hurt or your property was damaged in a collision involving a driver who refused testing, you have rights.

• Reporting: report the collision and any injuries to police. Police investigate and lay charges; Saskatchewan Public Prosecutions decides whether the case proceeds. You do not have to prove the case yourself.
• Victim services: ask the investigating officer or the Crown's office how to connect with victim services, which can explain the court process and help you prepare.
• Victim impact statement: if there is a conviction, you can describe how the offence affected you, and the court may order restitution for losses.
• No-contact conditions: if you are worried about the accused, tell police or the Crown. Release conditions can include no contact with you.
• Peace bond: under section 810 of the Criminal Code, you can ask a court for a peace bond, a court order requiring someone to keep the peace and follow conditions, if you reasonably fear for your safety.
• Insurance: injury claims in Saskatchewan generally go through auto insurance administered by SGI.

The Crown does not act as your lawyer. You can get your own independent legal advice at any time.

When to speak with a lawyer

Speak with a criminal defence lawyer as early as possible: ideally before you give any statement to police, and before your first appearance. Refusal cases often turn on technical details such as the wording of the demand, video evidence and timing, and the mandatory penalties and SGI consequences make early advice especially valuable. If you are not a citizen, get immigration advice before any plea.

If you cannot afford a lawyer, contact Legal Aid Saskatchewan to ask whether you qualify. Duty counsel may also be available at court.

If you have been charged, you can request a free, confidential first consultation through an independent criminal defence lawyer here, and if you are a victim, you can request one here.

This guide is general information about the law in Saskatchewan, not legal advice. Every case is different. Speak with a lawyer about your own situation.

Frequently asked questions

Is refusing a breathalyzer worse than failing it in Saskatchewan?

In some ways, yes. Refusal under section 320.15 carries a minimum $2,000 fine for a first offence, which is higher than the minimum for a first impaired driving conviction at a lower blood alcohol level. Refusal also brings a mandatory driving prohibition and SGI administrative measures. Repeat refusals carry minimum jail terms of 30 or 120 days. The outcome of any case still depends on its facts.

Can police demand a roadside breath test in Saskatchewan without suspecting I've been drinking?

Yes, in many cases. Since 2018, the Criminal Code allows mandatory alcohol screening: an officer who has an approved screening device and has lawfully stopped you can demand a roadside breath sample without suspecting alcohol. Refusing can lead to a refusal charge. Whether a particular stop and demand were lawful is something a lawyer can review, and challenges to this power have been raised in some courts.

Will I lose my licence before my court date?

Possibly. SGI can impose an administrative licence suspension and vehicle impoundment after a refusal, separate from the criminal case. These measures can start right away and may apply even if the criminal charge is later withdrawn or you are acquitted. If convicted, a court must also impose a driving prohibition. Ask SGI and a lawyer exactly what applies to your situation.

Can I get a discharge for refusal to blow?

Usually not. Because refusal carries a mandatory minimum penalty, absolute and conditional discharges are generally unavailable. The Criminal Code does let a court, with the Crown's consent, delay sentencing so a person can attend an approved treatment program, which may affect the outcome where such a program exists. A lawyer can tell you whether any option like this is realistic in your case.

Do I have the right to call a lawyer before I blow?

At the roadside, the right to counsel is generally limited because the screening test must be done promptly. Once you are arrested and asked to give breath samples at the station, police must tell you about your right to a lawyer and give you a reasonable chance to speak with one before testing. If that right was not respected, a lawyer may be able to challenge the evidence under the Charter.

Do I need a refusal to blow lawyer in Saskatchewan?

It is strongly recommended. Refusal cases often depend on technical issues such as whether the demand was lawful and clear, how the device was used, video evidence and your Charter rights. The penalties include minimum fines or jail and driving prohibitions, and non-citizens face serious immigration risks. A lawyer can review disclosure and advise you. Legal Aid Saskatchewan may help if you cannot afford one.

How long does a refusal case take in Saskatchewan?

Many cases take several months to a year or more, depending on disclosure, court schedules and whether there is a trial. Most refusal cases are heard in the Provincial Court of Saskatchewan, where the Jordan decision generally requires a case to finish within 18 months of the charge, not counting defence delay. Cases in the Court of King's Bench have a 30-month ceiling.