Important Roadside Breath Tests FAQs You Need to Know

Roadside breath tests are associated with arrests made due to DUI or driving under the influence but do you know that there are a lot of technicalities involved with it? An example is that a roadside breath test can’t be administered for no reason. Below are the answers to roadside breath test FAQs.

When Can You Be Subjected to a Roadside Breath Test by the Police?

It is important that there are reasonable grounds to do so according to Section 254(2)(b) of the Criminal Code of Canada. Note that a sample shall be provided for the analysis by an approved screening device.

What Constitutes Proof of Reasonable Suspicion?

Reasonable suspicion can be due to what was observed by independent witnesses or by the officer’s personal knowledge and observations regarding the individual. If an individual was observed to be driving erratically and the police were called or if the police saw a vehicle driven in a way that would make the officer think the driver is impaired, that covers reasonable suspicion. A suspicion may also be formed if upon routine vehicle check the driver, was seen with open alcohol bottles or when an officer observed a seemingly drunk individual get in a vehicle to drive it.

What is Meant by Providing a Sample Forthwith?

Providing a sample forthwith means that an individual must provide a breath sample immediately or without delay. It is important that the officer making the demand for the breath sample has access to an approved screening device or the demand will be nullified or become invalid. This is why time is an important factor when justifying a DUI arrest.

Is It Okay to Refuse a Roadside Breathalyzer Test?

A roadside breathalyzer test is usually performed by law enforcement to assess your blood alcohol level when you get pulled over. With the help of a breathalyzer, your BAC or blood alcohol level concentration can be estimated to determine if you’re safe or a hazard on the road. A BAC reading of more than 0.08 leads to an arrest but an arrest for BAC of between 0.05 to 0.08 is not unheard of as a warning.

With the above said, is it wise to consent to a roadside breathalyzer test or is it okay to refuse? Is refusing a roadside breathalyzer test legal?

Law enforcement officers always keep their eyes peeled for those who are drinking and driving. This is a part of their job, part of their duty in helping keep the roads safe. But the question remains, can you avoid a DUI charge by refusing a roadside breathalyzer test?

To Refuse or Not, That is the Question

Toronto DUI lawyers advise against refusing a roadside breathalyzer test because of the consequences related to doing so. If you refuse, you face a $198 administrative penalty, a week-long impounding of your vehicle, and an automatic 90-day license suspension.

Aside from the above, it is possible to get convicted of a DUI in Toronto without taking a breathalyzer test as long as the Criminal Code was observed by the arresting officer.

Note that the officer has to prove that there is reasonable suspicion to request a test and not simply flag random vehicles to ask for a test without probable cause. Some officers may present a video of your performance in coordination test or a video showing that you are visibly impaired. Evidence like this can lead to a conviction.

Were you stopped for a possible DUI and asked to provide a breath sample? Have you been arrested for refusing to provide a sample or were arrested due to wrongly carried out breath test? Contact Calvin Barry today! Calvin Barry is a criminal defence lawyer in Toronto who has a solid track record of defending DUI charges and related cases. Whether you were charged for refusing to provide a breath sample or for other DUI-related charge, Calvin Barry will answer your questions as your DUI lawyer in Toronto.