Roadside Breath Tests FAQs

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.

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 todayCalvin 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 attorney.

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