2. Go to the police station to take a breathalyzer test

What are my rights if the police think I've been drinking and driving?
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2. Go to the police station to take a breathalyzer test

The police can demand that you go to the police station for a breathalyzer test if they have reasonable grounds to believe:

  • your ability to drive is impaired 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 convicted of an offence 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.

Reviewed: December 18, 2018

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