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.
If you have been charged with impaired driving or a DUI offence, speaking with an experienced lawyer as soon as possible is critical to protecting your rights and your future. Amar Bhinder of Polaris Legal Group, a Brampton DUI lawyer, provides strategic and dedicated defence for individuals facing impaired driving charges. With a strong understanding of Ontario’s impaired driving laws and court procedures, Amar Bhinder works to carefully review the evidence, identify possible defences, and guide clients through every stage of the legal process. If you are facing a DUI charge in Brampton, contact Polaris Legal Group today to discuss your case and receive the legal support you need.