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

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:

: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).

Before requiring the driver to provide a roadside breath sample into an ASD, the peace officer does not have to inform the driver of their ''Charter'' right, under s 10(b), to consult a lawyer. At this time, the driver does not have the right to speak to a lawyer before deciding whether to blow or refuse: the driver must decide right away. If the driver refuses, they will likely be issued a refusal to provide a breath sample under s 320.15(1) of the ''Motor Vehicle Act'' or under s 254(5) of the ''Criminal Code'' or an Immediate Roadside Prohibition (IRP).