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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.



https://youtu.be/TVpikIghRmo https://www.nextlaw.ca/2023/03/28/dui-ontario-alcohol-screening-devices-what-you-need-to-know/

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