The police say I’ve been drinking and driving. What are my rights?
Question & AnswerThe police say I’ve been drinking and driving. What are my rights?
2. Go to the police station to take a breath test
The police can demand that you go to the police station for a breathalyzer test if they have to believe:
- your ability to drive is by alcohol, or
- you have more than the legal limit for alcohol in your blood.
For example, if you get a warn or fail at a roadside breath test, you may have to go to the police station to take a breathalyzer test.
A breathalyzer test is done with a different device than a roadside breath test. The breathalyzer test is much more reliable and sensitive. It includes a reading of your blood alcohol level.
Depending on the results of the breathalyzer test, your licence may be given an automatic administrative suspension for 3 to 90 days. If you're later of an related to the impaired operation of a motor vehicle, you will get a minimum 1 year license suspension for a first offence.
You have the right to talk to a lawyer before taking a breathalyzer test at the police station. And you have the right to remain silent if the police ask you questions.