What Happens to My Injury Claim If the Drunk Driver Refused a Breath Test in Alberta?

When an impaired driver refuses a breath test in Alberta, it might feel like a roadblock to justice. You might worry that without a specific blood alcohol reading, proving they were intoxicated is impossible. However, the opposite is often true. A driver’s refusal to provide a breath sample does not mean your injury claim is over; in many cases, it can actually strengthen your case.

The refusal itself is a separate criminal offence under Canada’s Criminal Code. For the purposes of your civil injury claim, it is powerful evidence. It strongly suggests the driver knew they were intoxicated and were trying to hide that fact. This single decision by the other driver creates two parallel legal processes, and an Edmonton car accident lawyer can guide you through the civil claim while prosecutors handle the criminal case.

1. A criminal case against them for the refusal, and; 
2. Your civil claim for compensation for your injuries.

The criminal case, handled by the Crown, must prove the driver’s guilt “beyond a reasonable doubt”—a very high standard. Your civil claim for compensation, however, only requires proof “on a balance of probabilities.” This means you only need to show it was more likely than not that the driver’s impairment caused your injuries. And breath test refusal is a significant piece of evidence in meeting this standard.

If you’re concerned about how a driver’s refusal to take a breath test will impact your ability to receive fair compensation, we can provide the answers you need. Call MNH Injury Lawyers today for a no-obligation consultation at (888) 664-5298.

Is It a Crime to Refuse a Breath Test in Alberta?

Yes, it is a serious criminal offence. Under section 320.15 of the Criminal Code of Canada, refusing a lawful demand from a police officer for a breath sample is a crime. The law treats this refusal with the same gravity as an impaired driving conviction.

The penalties are significant. A conviction for refusing a breath sample leads to heavy fines, a criminal record, and even jail time, particularly for repeat offenders. The consequences are designed to be a strong deterrent, ensuring that drivers cannot simply opt out of providing evidence of their impairment.

In addition to criminal charges, Alberta has an Immediate Roadside Sanctions (IRS) program that imposes swift administrative penalties. These are separate from the criminal process and can include an immediate driver’s licence suspension and vehicle seizure. These sanctions are applied right at the roadside, reinforcing the seriousness of the situation.

The reason the law is so strict comes down to a concept called “implied consent.” By obtaining and using a driver’s licence, you are considered to have already agreed to provide a breath sample if a police officer has lawful grounds to demand one.

How Does a Breath Test Refusal Affect My Personal Injury Claim?

As mentioned earlier, for your personal injury claim, the driver’s refusal is a pivotal piece of evidence. This is primarily because of a legal concept known as “adverse inference,” and it supports your right to pursue compensation if you are wondering can I sue a drunk driver in Alberta since the refusal strengthens the argument that the driver was impaired.

The Power of “Adverse Inference”

In a civil lawsuit, a judge is permitted to draw an “adverse inference” from the driver’s refusal to provide a breath sample. Simply put, the court can logically assume the reason the driver refused the test is because they knew they were over the legal limit and that the test results would prove it. This common-sense conclusion is as persuasive as an actual blood alcohol concentration (BAC) reading, and sometimes even more so.

A Lower Burden of Proof Helps Your Case

As mentioned before, your personal injury claim is decided in civil court, which operates on a different standard of proof than criminal court. Instead of proving the case “beyond a reasonable doubt,” we only need to show that it is more likely than not that the other driver’s impairment caused the collision and your injuries. This standard is called “a balance of probabilities.” The driver’s refusal to provide a sample makes it much easier for us to tip those scales in your favour.

The Refusal is One Piece of a Larger Puzzle

While the adverse inference from the refusal is powerful, we do not rely on it in isolation. Our approach is to build a comprehensive case that paints a complete picture of the other driver’s negligence. The refusal becomes a central element, supported and strengthened by other forms of evidence we gather.

What Other Evidence Can Be Used to Prove the Other Driver Was Impaired?

Even without a breathalyzer reading, there are numerous ways to build a compelling case for impairment. At MNH Injury Lawyers, our team investigates every angle to gather the necessary proof. This often involves drunk driving car accidents evidence such as police reports, witness statements, and field sobriety observations to show the other driver’s impairment.

• Police Officer Testimony: The report and testimony from the investigating officer are invaluable. They are trained to observe and document signs of impairment at the scene. These observations can include:

• Slurred speech or difficulty answering simple questions.
• An odour of alcohol on the driver’s breath or in their vehicle.
• Glassy, red, or bloodshot eyes.
• Unsteadiness on their feet or fumbling for documents.
• Details about erratic driving observed before the stop.

• Witness Statements: We actively seek out and interview anyone who may have seen the collision or interacted with the at-fault driver. This could be other drivers, pedestrians, or even servers or staff at a restaurant or bar where the driver was drinking prior to the crash. Their accounts help establish a timeline and corroborate signs of intoxication.
• Field Sobriety Test Results: Before requesting a breathalyzer, an officer may ask the driver to perform standard field sobriety tests. If the driver attempted these tests and failed, the officer’s observations of their performance can be used as strong evidence of impairment.
• The Driver’s Own Admissions: It is not uncommon for drivers to admit to having consumed alcohol when speaking with police, paramedics, or even witnesses at the scene. These statements are typically recorded in official police reports or medical records and can be used to support your claim.

Will the At-Fault Driver’s Insurance Company Use the Refusal to Deny My Claim?

An insurance adjuster might initially argue that without a specific BAC reading, there is no definitive proof of impairment. They are trained to look for any ambiguity. They will also scrutinize the details of the accident to see if they can shift some of the blame onto you, as any percentage of fault assigned to you reduces the compensation they are required to pay.

How We Counter Their Arguments

Our role is to hold the insurance company accountable and ensure the facts are presented clearly and persuasively. We do this by packaging all the available evidence—the breath test refusal, the detailed police report, all witness statements, and any other supporting documentation—into a cohesive narrative that demonstrates the other driver’s negligence.

We use the legal principle of adverse inference as a key point in negotiations. We make it clear to the insurer that a court would likely conclude the driver refused the test because they knew they were impaired. This pressure, in many cases, prevents them from denying a claim based on the absence of a BAC reading. Our focus is on ensuring that no blame is unjustly placed on you, allowing you to pursue the full compensation available under the law while we help you collect evidence after a drunk driving car accident to support your claim.

What Should I Be Doing Right Now to Protect My Rights?

After an accident, especially one involving a suspected drunk driver, there are several steps you should take to protect your legal rights and strengthen your future claim.

1. Document Everything You Remember. As soon as you are able, write down every detail you can recall about the collision. Note the other driver’s behaviour, appearance, and anything they said. Describe the weather, road conditions, and the sequence of events. No detail is too small, as these notes will be very helpful later on.
2. Keep a Record of Your Injuries and Expenses. Start a file where you keep all documents related to the accident. This includes medical reports, receipts for prescriptions, bills for physiotherapy or other treatments, and pay stubs to track any lost income from being unable to work.
3. Avoid Discussing the Incident on Social Media. Insurance companies frequently review the social media profiles of claimants. A simple post or photo can be taken out of context and used to argue that your injuries are not as severe as you claim. It is best to refrain from posting about the accident or your recovery process.
4. Speak with a Lawyer Before Accepting Any Offer. The at-fault driver’s insurance company may contact you quickly with a settlement offer. While it might be tempting to accept, these initial offers rarely account for the full long-term costs of your injuries. It is always wise to understand your rights and the potential value of your claim before making any decisions.

Get Justice Today

A driver’s refusal to provide a breath sample is not a dead end for your injury claim; it is a signpost pointing toward their accountability. It opens a specific legal path that our team at MNH Injury Lawyers knows how to follow.

Let us handle the challenges of the legal system so you can focus on what truly matters: your recovery. Contact MNH Injury Lawyers today for a free, confidential discussion about your case at (888) 664-5298.