1) Cooperate with the police… blow!
Whether at the scene of the incident or at the police station, it’s in your best interest to cooperate whenever a police officer asks you to provide a breath sample or “blow”. Indeed, in the U.S., it’s encouraged to refuse to give any evidence that could incriminate you in an impaired driving charge. In Canada, failure to do so becomes an offence under the Criminal Code. This automatically leads to more consequences at the SAAQ level.
Why ?
Not knowing your blood alcohol level, we assume you have more than double the legal limit. The result: your vehicle is impounded for a minimum of 30 days and your license is suspended for a minimum of 90 days, even before you go to court. In the end, the fine imposed and the length of suspension of your license at the end of the legal proceedings could be much higher.
2) Remain silent… when accused of impaired driving
impaired driving charge:
Yes, the classic! You’d be surprised to learn that most people tend to talk too much when questioned by a police officer. Of course, you have to cooperate, and the police have every right to question you. However, avoid justifying yourself, as you may unknowingly be admitting to incriminating facts and making your situation worse. The best thing to do is to give short answers if necessary, or refuse to answer if you’re not sure of the consequences of your words. Protect yourself!
3) The consumption scenario is not mandatory:
The consumption scenario is a written declaration, made when you return to the police station. The declaration is in the form of a form and asks for information on times, quantities and consumption habits. You are NOT obliged to complete this declaration.
Beware, the police will try to ask you questions verbally in order to fill in the forms themselves. However, it is important to follow my previous advice and remain silent.
4) No, not even on a boat:
It’s a mistake to think that you can only be charged with impaired driving if you’re driving a road vehicle. In fact, the Criminal Code specifies any “motor vehicle”, so this includes boats, ski-Doos, motorized bicycles, motorcycles and so on. The other misconception is the belief that impaired faculties can only be committed on public roads. Whether you’re on the highway or a private construction site, the police have jurisdiction to charge you with impaired ability.
5) Always agree to talk to a lawyer:
When you are asked if you would like to speak to a lawyer, this does not mean that you have to pay a fee and wait for a lawyer to come and advise you. You can exercise your rights immediately over the phone.
Talking to a lawyer will give you valuable advice and ensure that your rights are respected when you are arrested for impaired driving.