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Hello, thank you for the question.
Your son in law is entitled to speak to a lawyer. At the police station he'd have been given an opportunity to call a lawyer of his choice, and if he doesn't connect he can speak to a duty lawyer by calling the province's Legal Aid number. That happens all the time, as most criminal lawyers aren't sitting in their offices waiting for the phone to ring at 11:00 p.m..
The lawyer will tell your son in law that a "failure to provide breath sample" carries the same penalties as an impaired charge, but there are fewer defenses to the failure charge. If he is physically unable to provide the sample into the breath device because he has bronchitis, that's a defense.
I hope that he connected with a lawyer, then got the advice he needed. Do you know what happened?
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Has your son in law had his court date? If he has a lawyer now then that's good. If you want to talk to me more, then I'm still here.
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