Since RIDE programs are common, it is likely at some point in your life that you will have to provide a sample of your breath into an approved screening device. You may be asked to provide a breath sample anytime you are driving a motorized vehicle (car, boat, electric bike, etc.).
What is an Approved Screen Device Demand?
Recently, Parliament changed the law on breath demands. If the police officer is in possession of an ASD, they do not need to have grounds to request a demand. Only when the police are not in possession of an ASD are they required to have grounds to suspect you have alcohol in your body. Sufficient signs for an ASD demand include alcohol on your breath, admissions of recent consumption of alcohol, or a mixture of other indicia (or signs) such as bloodshot eyes, slurred speech, unsteadiness on your feet, bad driving, etc.
When the police form reasonable suspicion, the officer must immediately make an ASD demand. If the police fail to make the demand right then, this can be a breach of your Charter rights.
Do I need to comply with an ASD request?
Yes. If you fail or refuse to provide a sufficient breath sample into an ASD, you can be charged with refusal to provide an ASD. This is a criminal charge, and the penalties are similar to impaired driving or excess blood alcohol criminal charges.
I was charged with refusal, what should I do?
Since impaired driving law is a technical area of law, contact the experienced Toronto impaired lawyers at Lockyer Zaduk Zeeh to review your case and advise you whether the police respected your Charter rights. We have represented clients charged with refusal and other driving offences such as impaired driving, excess blood alcohol, and dangerous driving. We understand the serious consequences you will suffer from losing your license and having a criminal record. We work tirelessly to ensure we provide our clients with their best defence to help them avoid losing their license and from being convicted.