Motor Vehicle Offences for Drugs and Alcohol (13:IX): Difference between revisions

Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)

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 Since the enactment of Bill C-46 in December 2018, a police officer is also allowed to demand a mandatory breath sample from a driver at any time. This demand does not require the officer to have reasonable grounds to believe the driver is impaired—they can ask any driver to provide a mandatory sample. This type of demand only applies to roadside tests, not tests where the individual needs to be transported to the police station. The driver does not have a right to consult with counsel before providing a mandatory demand breath sample. There are some requirements for an officer to make a mandatory demand:
-A) 	the officer must have an ASD in their possession when they ask the driver to provide the sample; and
+:a) 	the officer must have an ASD in their possession when they ask the driver to provide the sample; and
-B) 	the officer must ask for the sample when the driver is driving or in care and control of a motor vehicle (they can pull a driver over and ask for a sample, but they cannot make a mandatory demand after the driver stops driving, like after they get home).
+:b) 	the officer must ask for the sample when the driver is driving or in care and control of a motor vehicle (they can pull a driver over and ask for a sample, but they cannot make a mandatory demand after the driver stops driving, like after they get home).