Mandatory Breath Test in Ontario: Can You Refuse?
When discussing DUI alcohol screening devices in Ontario, it’s crucial to note that refusing a breath test is not an option. Ontario law mandates compliance with a police officer’s request for a breath test. Failure to comply will lead to a DUI charge termed “Refusal to Take a Breath Test.” This knowledge is key as we delve deeper into the world of DUI alcohol screening devices.
Alcohol Screening Devices in Ontario: An Overview
Police in Ontario use two types of alcohol screening devices during DUI cases: roadside screening devices and approved instruments. Understanding their functionality and their results is important in comprehending DUI laws.
Roadside Screening Devices in Ontario
The most prevalent roadside screening device in Ontario is the Alcotest. This portable tool is commonly used at RIDE checks and traffic stops when police officers suspect alcohol consumption.
Interpreting the Results: Pass, Warn, or Fail
When you provide a breath sample for the roadside screening device, the results will be one of three categories: a ‘pass,’ a ‘warn,’ or a ‘fail.’
- A ‘pass’ indicates 0-50 mg of alcohol per 100 mL of blood.
- A ‘warn’ shows a blood alcohol concentration between 50 and 99 mg.
- A ‘fail’ signifies a blood alcohol concentration of 100 mg or more.
What Happens if You Warn or Fail?
While a ‘warn’ doesn’t necessarily result in a DUI arrest, there are penalties. You can expect a three-day license suspension and a fine. If you repeat this offence within five years, the penalties become more severe, with a week-long suspension, mandatory alcohol education programs, and even ignition interlock devices for third-time offenders.
A ‘fail’ result provides police with the grounds to arrest you for a DUI, potentially resulting in DUI charges, such as an Over 80 or an Impaired Driving charge.
Advanced DUI Alcohol Screening: Approved Instruments
A roadside test ‘fail’ result cannot be used to prove an Over 80 DUI charge, but it does provide the grounds for arrest and the right for the police to request more accurate breath samples using “approved instruments.
Approved instruments are sophisticated devices used as key evidence in a DUI case. Examples of these devices include the Intoxilyzer and the Breathalyzer. These breath tests, usually conducted at a police station or in mobile units at RIDE checks, must be administered by a qualified breath technician.
Navigating through the realm of DUI alcohol screening devices in Ontario can be daunting. However, being knowledgeable about the laws and understanding how these devices work can help mitigate potential confusion or fear during traffic stops and DUI cases.
What are alcohol screening devices and their role in DUI charges in Ontario?
Alcohol screening devices are tools used by the Police in Ontario to determine whether a driver has consumed alcohol and the level of alcohol in their system. There are two categories of alcohol screening devices: roadside screening devices and approved instruments. Roadside screening devices, such as the Alcotest, are portable devices used during traffic stops and RIDE checks to determine whether a driver has consumed alcohol. The results of a roadside screening device can be a 'pass,' a 'warn,' or a 'fail.' A 'warn' result leads to a three-day license suspension and a fine, while a 'fail' result can lead to an arrest for a DUI charge. Approved instruments, such as the Intoxilyzer and Breathalyzer, are more sophisticated devices used to measure the level of alcohol in a driver's system. The results of an approved instrument are admissible as evidence in court and can be used to convict a driver of their DUI charge.
Can you refuse to take a breath test in Ontario?
No, you cannot refuse a Police officer's request that you take a breath test in Ontario. If the Police demand a breath test, you must comply. Refusing to take a breath test will result in a DUI charge known as 'Refusal to Take a Breath Test.' There are consequences for a 'warn' result on a roadside screening device, including a three-day license suspension and a fine. Repeat offences within five years lead to harsher penalties, including a week-long suspension, alcohol education programs, and even ignition interlock devices for third-time offenders. It's crucial to cooperate with the Police if they request that you take a breath test and refrain from driving if you've consumed alcohol.
