Impaired Driving Myths vs. Facts
Driving Myths VS. Facts
Mandatory alcohol screening gives police the authority to request a breath sample from people in their homes or bars.
With the approved screening device, mandatory alcohol screening is only permitted to be used if you are the driver in care and control of the vehicle and have been lawfully stopped.
Police do not have the authority to stop you while driving unless you have done something wrong.
Police officers do have the authority to stop you even if you have not violated any traffic laws. Police officers have the power to check your vehicle to ensure you have a valid license, if your vehicle is roadworthy and to ensure you are not under the influence.
Police officers have the authority to use mandatory alcohol screening to come to your home and demand a breath sample, two hours after you arrive.
Mandatory alcohol screening use must satisfy the three criteria. One, the car must be lawfully stopped. Two, you, as the driver, must be in care and control of the vehicle. Lastly, the police officer must have the approved device at hand.
You could beat an “at over 80 mg” charge if you had several drinks right before driving, because the alcohol didn’t affect you until after you drove.
If you have a blood alcohol concentration at or over 80 mg within two hours of driving, you can be convicted. This law is applied to deter risky and dangerous driving.
You can beat an “at over 80 mg” charge if you drink after being stopped by the police.
This defence is valid if the driver drank after driving, there was no reason to believe they would need to provide a sample, and the breath results indicate their blood alcohol concentration was under 80 mg while driving.
It is safe for you to drive if you are under 80 mg of blood alcohol concentration.
You can still be charged and face serious provincial consequences, as Intoxication can impair an individual prior to reaching a blood alcohol concentration of 80mg.