- What happens when the Police make you take a roadside breath test and the result comes back as a “Warn”?
- First, some important context.
- The Police will make you take a breath test if they suspect that you’ve consumed alcohol while driving or in the care or control of a vehicle.
- At the roadside, you’ll be asked to blow into a device.
- This device will come back with three possible results.
- Pass, which means you’ve done nothing wrong.
- Fail, which indicates that your blood alcohol concentration level is above 80.
- At this point, the Police will place you under arrest and will take you to the Police station to undergo further alcohol testing.
- The third possible result is a “warn.”
- That means that the device detected alcohol in your system above 50 but below 80, which would place you under arrest.
- However, there are consequences of blowing in this “warn” range.
- First, your driver’s license will be immediately suspended.
- If this is the first time you’ve blown a “warn” result, then your license will be suspended for 3 days with a $250 fine.
- On a second “warn” result, you’ll get a 7-day immediate suspension, a $350 fine, and you’ll be required to take an education or treatment program.
- On a third “warn” result, you’ll get a 30-day immediate suspension, a \$450 fine, you’ll be required to take an education or treatment program, and you will have to get an Ignition Interlock installed for 6-months.
- Once installed in your vehicle, you will need to blow into this device. And your car will only start if you have zero alcohol in your system.
- And finally, you will have to pay a license reinstatement fee to get your license back after the suspension period.
- You cannot drive during your license suspension period.
- If you drive and get caught, you will face a charge under section 53(1) of the Highway Traffic Act of Ontario called, Driving While Under Suspension.
- This is a serious charge that carries with it an automatic 6-month license suspension and a minimum fine of $1,000.
- If you’ve previously been convicted of this charge in the past, in addition to the fines and the 6-month suspension, you will face up to 6 months in jail.
What is a DUI blow a warn?
A DUI blow a warn is a preliminary breath test used by law enforcement to determine whether a driver may be under the influence of alcohol. The test is usually conducted using a handheld device and is used to provide probable cause for a more comprehensive breathalyzer test. The results of a blow a warn are not admissible in court, but they can be used as evidence to support a DUI charge.
What happens if I fail a DUI blow a warn?
If you fail a DUI blow a warn, you may be subject to a more comprehensive breathalyzer test or a blood test. If these tests indicate that you are over the legal limit, you may be arrested and charged with a DUI. In this case, it's important to consult with a DUI lawyer as soon as possible to discuss your legal options and develop a defence strategy.
