Police officers can ask drivers to give a breath sample or do physical coordination or other tests to see if their ability to drive is affected by alcohol or drugs. This article explains what the police can do with drivers who are not fit to drive.
Police officers can stop you in some circumstances
Police officers can stop you in some circumstances to check whether you are fit to drive.
Police officers on patrol can stop you if you have difficulty controlling your car. For instance, you may arouse suspicion if you’re swerving, struggling to stay in your lane, braking suddenly for no reason, driving too fast or too slowly or getting into an accident.
Police officers can also carry out more structured road checks, like setting up roadblocks to check for alcohol or drug use and test your ability to drive.
They may also stop you randomly to check the level of alcohol or drugs in your blood and to assess your ability to drive. This means that if a police officer in uniform asks you to stop your vehicle, you must comply. Once you’ve stopped your vehicle, the police officer may ask you questions about your vehicle, your driving and your alcohol or drug consumption.
Preliminary tests when you’re stopped
A police officer who stops you can require that you take two kinds of tests: a test with an approved screening device and a physical coordination test.
Tests using approved screening devices
If a police officer stops you and suspects you’ve used alcohol or drugs, they can require you to take a test using an approved screening device. This device uses a breath or saliva sample to detect alcohol in your blood or measure the amount of drugs in your system. This device is often called a “breathalyzer”.
These preliminary tests give only an approximate measure of drugs or alcohol and can’t usually be used against you in court.
However, they can give a police officer a good reason to bring you to a police station for a more accurate test.
Physical coordination tests
Police officers can also require you to do physical coordination tests if they suspect you’ve taken drugs or alcohol.
For example, they can ask you to walk in a straight line, turn or stand on one foot while counting out loud without losing balance.
They can ask you to do physical coordination tests only or in addition to the tests using approved screening devices.
Police officers can also observe you while talking with you and make notes on anything that shows you’re unfit to drive, such as:
- having a strong smell of alcohol on your breath,
- having red or glassy eyes,
- having slurred or impaired speech,
- losing balance for no reason,
- being incoherent, confused or having mood swings.
Your rights and responsibilities during these preliminary tests
Police officers must ask you to do these preliminary tests immediately after stopping you. You have a right to know whether they will arrest you.
If asked by a police officer, you must:
- show your driver’s licence, registration certificate and proof of insurance,
- blow into an approved screening device to test for alcohol or give a saliva sample to test for drugs, and
- do physical coordination tests if asked.
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Important! Refusing to do these tests without a good reason is a crime. The punishment is usually the same as for impaired driving or driving with more than the legal limit of alcohol or drugs in your blood. An example of a good reason would be that the police officers don’t have the approved screening device with them when they ask you to do this test. |
Police officers can question you, but you have the right to remain silent. However, you are still required to identify yourself and submit to screening tests if asked, even if you choose not to answer their questions.
Consequences if you fail preliminary tests
The results of these tests and observations might give police officers reasonable grounds to arrest you for impaired driving or driving with more than the legal limit of alcohol or drugs in your blood.
If arrested, the police must give you the opportunity to speak to a lawyer.
The police officers may do these things:
- order you to do more precise tests at a police station
- take away your driver’s license
- seize your vehicle
It’s also a crime to refuse to go to the police station for further testing.
If arrested, you have the right to remain silent, but you must give your name, address and other information to confirm your identity if requested by the police officer.
Tests at a police station
At the police station, you might be asked to do other tests to measure the exact amount of alcohol or drugs in your blood.
Breath sample test
The breath sample test involves taking a sample of your breath to measure the level of alcohol in your blood. It is more precise than the preliminary breath test using an approved screening device. If the result shows a blood-alcohol level over the legal limit of 80 mg of alcohol in 100ml of blood (.08), it can be used as proof that you committed a crime. A police officer gives this test.
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Contesting the results of your breath sample test The breath test is approved by the government and is usually reliable. But the machine can malfunction and give a wrong result. To contest the results of a breath sample test, you must show that the device was not used or did not work properly. It’s a good idea to consult a lawyer for this. |
Blood sample test
A police officer can order that you give a blood sample if your physical condition at the time of arrest makes it difficult or impossible to give a breath sample.
For example, someone with asthma or a mouth or jaw injury following an accident might not be able to blow hard enough in the device to get a reliable breath sample. The police officer can then order them to go to the hospital to give a blood sample.
Additional tests for drugs
Police officers can order you to take more advanced tests if the preliminary tests give them reason to think that your ability to drive is impaired by drugs or a combination of drugs and alcohol. For most drugs, any detectable amount in your blood is enough to be a crime.
Police officers can order you to give a blood sample to test the amount of drugs in your system. The blood sample must be taken by a doctor or qualified technician.
You may also have to undergo tests done by a qualified officer (evaluating officer). The evaluating officer can do a series of physical exams, such as taking your pulse or temperature, examining your pupils or asking you to follow an object with your eyes. This officer can also order you to give a saliva, urine or blood sample or do a breath sample test if you haven’t done one already.
After the tests, you might be formally accused of a crime. If found guilty, you’ll receive a sentence that can have serious consequences on your life.