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Difference between revisions of "Impaired Driving"
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→Can the police prohibit me from driving based on my roadside screening test results?=
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==Common questions== | ==Common questions== | ||
===Can the police prohibit me from driving based on my roadside screening test results? | ===Can the police prohibit me from driving based on my roadside screening test results?=== | ||
Yes. Police can issue an '''immediate roadside prohibition''' if your breath sample on a roadside screening device shows a warn or fail result, and police have reasonable grounds to believe your ability to drive is affected by alcohol. | Yes. Police can issue an '''immediate roadside prohibition''' if your breath sample on a roadside screening device shows a warn or fail result, and police have reasonable grounds to believe your ability to drive is affected by alcohol. | ||
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Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.42_smooth BC law], if your breath sample on a roadside screening device shows a warn or fail result, you have the right to request a second test using a different roadside screening device. You get the benefit of the lower of the two readings. The police have to inform you of this right before giving you a driving prohibition. | Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.42_smooth BC law], if your breath sample on a roadside screening device shows a warn or fail result, you have the right to request a second test using a different roadside screening device. You get the benefit of the lower of the two readings. The police have to inform you of this right before giving you a driving prohibition. | ||
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===Can the police prohibit me from driving even if they don’t give me a breath test?=== | ===Can the police prohibit me from driving even if they don’t give me a breath test?=== | ||
Yes. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215_smooth BC’s driving laws], if the police have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug, they can issue a '''24-hour roadside prohibition'''. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on a roadside screening device. But if you get a warn or fail result on the screening device, police can use it to issue an immediate roadside prohibition or to hold you for a criminal investigation. | Yes. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215_smooth BC’s driving laws], if the police have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug, they can issue a '''24-hour roadside prohibition'''. They do not have to test your blood-alcohol level. If you disagree, you can ask for a breath test on a roadside screening device. But if you get a warn or fail result on the screening device, police can use it to issue an immediate roadside prohibition or to hold you for a criminal investigation. | ||
