What is the test for refusing to provide a breath sample?
British Columbia, Canada
The following excerpt is from Chen v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1646 (CanLII):
The petitioner relies on Verdonk v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 215. In that case, the petitioner had refused to provide a breath sample and the issue was whether the demand was lawful, based on the Criminal Code requirement that the demand be made “forthwith.” In the police report, there was no evidence of what had occurred during a period of at least six minutes immediately preceding the demand.
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