The police say I’ve been doing drugs and driving. What are my rights?

2. Go to the police station for drug tests

At the police station, a certified drug recognition expert will do some more tests. This includes physical co-ordination exercises similar to the Standardized Field Sobriety Tests. This also includes things like your:

  • blood pressure
  • oral body temperature
  • pulse
  • pupil size in different lighting conditions

The expert will look at all of the test results. If the expert finds that you're by a specific drug, the expert will identify the type of drug and you'll be charged with impaired driving. The expert can order you to give a blood, urine, or saliva sample to confirm the presence of that drug.

Refusing to do drug evaluation tests is a criminal . 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  for a first offence. A second offence has a minimum punishment of 30 days in jail.

So, if the police ask for a drug evaluation tests, it's best to do the test.

You have the right to talk to a lawyer before doing drug evaluation tests at the police station. And you have the right to remain silent if the police ask you questions.

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