OPP remind public: refusal to comply with roadside demand is a criminal offence
ATIKOKAN – REGIONAL CRIME UPDATE: A 36-year-old Atikokan resident is facing criminal charges after allegedly refusing to comply with a lawful demand for a field sobriety test during an interaction with Ontario Provincial Police (OPP) officers.
The incident took place on July 7, 2025, at approximately 11:00 p.m. at the Atikokan OPP Detachment. During their interaction with the driver, officers developed reasonable grounds to believe that the individual had consumed controlled drugs. A demand was made for a field sobriety test, but the driver refused to comply, leading to their arrest on the spot.
Charges and Penalties
As a result, Brittany Claudia SMITH, 36, of Atikokan has been charged criminally with:
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Refusal to Comply with a Demand under the Criminal Code
Police also enforced immediate administrative penalties:
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90-day driver’s licence suspension
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7-day vehicle impoundment
The accused has been released from custody and is scheduled to appear in Atikokan Ontario Court of Justice on August 28, 2025.
What You Need to Know: Impaired Driving Laws
Under Canadian law, police may lawfully demand physical coordination tests (field sobriety tests) if they have reasonable grounds to suspect that a driver has consumed alcohol or drugs within the past three hours.
Refusing or failing to comply with this demand is a criminal offence, and may result in:
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Immediate licence suspension
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Vehicle impoundment
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Criminal charges
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Court-imposed penalties
The OPP continue to remind drivers across Northwestern Ontario that impaired driving by drugs or alcohol remains a serious public safety risk and refusal to cooperate with testing will be treated as a criminal act.
