- What’s the difference between a DUI roadside test versus a breathalyzer test at the police station?
- The answer to this question is critical to proving the DUI case against you.
- That’s what I’m to cover in this article.
- A lot of DUI charges have this series of events.
- The police pull you over and they suspect that you’ve been drinking.
- They ask you to take a test at the roadside.
- If that roadside test gives a “fail” result, you will be placed under arrest for a DUI charge called Impaired Driving or Over 80.
- The police will then take you to the station, where you will undergo additional breathalyzer tests on a different screening device than what was used at the roadside.
- This leads to the question, what is the difference between that roadside test where you had a “fail” result and the two breath tests that you took at the Police Station?
- The biggest difference lies in the evidence.
- The result from the roadside screening device cannot be used as evidence to prove the DUI charge in a criminal court in Ontario.
- In a criminal court in Ontario, the Crown needs to prove the DUI charge against you beyond a reasonable doubt.
- The evidence produced from that roadside screening device is not reliable enough to prove that you were, in fact, impaired driving.
- However, the result from that roadside test provides the police with sufficient grounds to arrest you for a DUI and then take you to the police station for further testing.
- At the police station, you will be required to give two breath tests.
- This time, those tests will be conducted by a qualified breath technician, and your samples will be taken using a device called an “approved instrument.”
- If you blow over 80 in these two breath tests, then you will be charged with a DUI, which in Canada is called Impaired Driving or Over 80.
- And the evidence from those two breath tests will likely be a key part of the Crown’s DUI case against you.
What is the difference between a DUI roadside test and a breath test at a police station?
A DUI roadside test is usually administered by a police officer during a traffic stop, while a breath test at a police station is conducted after an individual has been arrested for suspected drunk driving. A roadside test is usually a preliminary screening to determine if a driver is impaired, while a breath test at a police station is used as evidence in court to determine the individual's blood alcohol content (BAC) level.
What are the implications of a positive result from a DUI roadside test or breath test at a police station?
A positive result from a DUI roadside test or breath test at a police station can result in criminal charges for drunk driving. The results of the test can be used as evidence in court to prosecute the individual for drunk driving. Depending on the circumstances and the individual's BAC level, a DUI conviction can result in fines, imprisonment, and a criminal record.
