When you are initially pulled over under suspicion of driving under the influence, you have the right to remain silent and not incriminate yourself. In other words, you do not have to tell the officer how much you had to drink, or when you began or finished drinking. You also do not have to perform a sobriety test such as walking a line.
You must however, show the officer your driver’s licence, vehicle registration and insurance. When asked, you are also required to blow into an approved roadside screening device that tests the level of alcohol in your blood. You do not have the right to refuse the roadside test, and you must comply. At this point, the officer does not have to remind you of your right to counsel, prior to requesting the roadside breath test.
If you refuse to take the roadside test, you will be charged with a criminal offence, and it will be up to the trial judge to determine whether you had a reasonable excuse for refusing. It is difficult however to convince the court you had a legitimate excuse.
A warning will appear on the roadside breath machine between 50 and 100 milligrams. The legal limit is 80 mgs. If you blow over this limit, the officer has the right to transport you to the police station to administer a breathalyzer or intoxilyzer test for a more accurate reading.
You have a right to know why you’re being detained at the police station. Here, they must also explain your right to contact a lawyer prior to requesting a breathalyzer or intoxilyzer test from you. If you blow over 80 mgs at the police station, you will be charged with “over 80”. If you blow under 80 mgs, you may be charged with impaired driving.
If you refuse to take the breath test at the police station, or if you fake a blow into the machine, you will be charged with refusing or failing to comply with a breath demand, or failure to provide a breath sample. |
