WHEN AM I REQUIRED TO SUPPLY A SAMPLE OF MY BREATH AT A POLICE ROADSIDE SOBRIETY CHECKPOINT (RIDE) AND AM I ABLE TO CONSULT A LAWYER BEFORE MAKING THIS DECISION?
If police smell alcohol on your breath you will be required to comply with a roadside sobriety test and will be required to blow into a roadside screening device. The police only require a reasonable suspicion you have alcohol in your body to require you to take this test. The police officer’s demand you supply a sample of breath in a roadside screening device does not trigger your right to call a lawyer before complying with that demand.
Furthermore, if you fail or refuse to supply a breath sample in the roadside screening device, you will be arrested and charged with refusal to comply with the demand. Conviction for this offence carries the same penalty as the offence of impaired driving. If you comply with the roadside demand and register a fail you will be arrested and given your rights to call a lawyer by the police. At this point make immediate contact with a lawyer to better understand your obligations. You will be required to supply further breath samples to the police after you speak with a lawyer.
Should you find yourself in this situation and you need a law firm that will support you using their years of experience, dedication and integrity contact Kelly Greenway Bruce.
The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.