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What are my rights if the police think I’ve been taking drugs and driving?

Question
What are my rights if the police think I’ve been taking drugs and driving?

Glossary

Clear language definitions to common legal terms. 

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Reviewed: 
October, 2016
Answer

If the police think you’ve been taking drugs and driving, they can demand that you do a roadside Standardized Field Sobriety Test. For example, you may be asked to stand on one leg or walk in a straight line. This test checks whether your ability to drive has been impaired by drug use.

You don’t have the right to talk to a lawyer before taking the Standardized Field Sobriety Test. You don’t have the right to refuse a Standardized Field Sobriety Test.

Drug evaluation tests

If you fail the Standardized Field Sobriety Test, the police can demand that you go to the police station for drug evaluation tests.

If you refuse any of the tests, you can be charged with a criminal offence for failure to comply with a police demand.

Learn more about this topic
Ontario Ministry of Transportation
Royal Canadian Mounted Police
Metro Toronto Chinese & Southeast Asian Legal Clinic

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