So They Think You’ve Had A Few…

You’ve decided to call it a night and you’re driving home.  In your rearview mirror is an unwelcome sight: police lights.  There is a right way and a wrong way to handle the situation, and how you handle the situation may determine what defenses you may have if charged with a DUI or a related charge.

Generally, you have a right to consult counsel if arrested or detained.  However, if stopped by police and asked to provide a roadside screening sample for drugs or alcohol, or participate in a coordination test, you do not have a right to counsel.  Such a test is designed to be quick and performed immediately and you do not have the legal right to refuse.  If you refuse you will face a charge of refusing to provide the sample (or test) and will likely have fewer defences available to you. 

Also, the penalty for refusal to provide a sample carries with it the same inflated minimum penalty as a charge of driving over the limit with a blood alcohol level of twice the limit and will result in an even longer provincial license suspension.  Some people think that by refusing, they avoid providing damning evidence.  As you can see, your refusal does you no good.

If, in fact, the police did not have the authority to ask for the sample, this is a matter to be addressed in court, not at the roadside, so refusing because you don’t believe the police had the basis to ask for the sample would also serve you no purpose. If you provide the sample, and the police had no authority to demand it, the admissibility of the results can be challenged at trial.  You lose nothing.

Similarly, the police may ask you to accompany them for a formal test, like a breathalyzer. Refusing to provide this sample would result in a similar charge, but at least in this instance you do have a right to consult with a lawyer.  Take full advantage of that opportunity.  We have the experience to help guide you through the uncertain and nerve racking situation you find yourself in.