1. Do the roadside Standardized Field Sobriety Test

What are my rights if the police think I've been taking drugs and driving?
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1. Do the roadside Standardized Field Sobriety Test

You must do a roadside Standardized Field Sobriety Test when the police demand one. 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.

Refusing to do a roadside Standardized Field Sobriety Test is a criminal offence. If you refuse to do the test, you will be charged with refusing to comply with a police demand. A court will decide whether you had a reasonable excuse for refusing. It’s hard to show a reasonable excuse.

If you're found guilty of refusing to comply with a police demand, you will be sentenced to a minimum $2000 fine and a 1 year driving prohibition for a first offence. A second offence has a minimum punishment of 30 days in jail.

So if the police ask for a Standardized Field Sobriety Test, it's best to do the test.

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

Reviewed: December 18, 2018

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