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

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What are my rights if the police think I've been taking drugs and driving?
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Ontario Ministry of Transportation
Royal Canadian Mounted Police
Metro Toronto Chinese & Southeast Asian Legal Clinic

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What are my rights if the police think I've been taking drugs and driving?
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Reviewed: 
December 18, 2018
Answer

If the police think you’ve been taking drugs taking drugs and driving within 3 hours of the drug use, 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.

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

The government has approved a saliva collection kit and reader to test your saliva for cocaine and cannabis. These devices are not yet available. Once available, the police will be allowed to demand that you give a saliva sample if they think you’re impaired by cannabis during a lawful road stop.

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

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