As the holiday season approaches, so does the time of year known locally as Counterattack Season. This is when police across British Columbia ramp up their efforts to curb impaired driving through roadblocks and mandatory breath tests. While the aim is to make our roads safer, drivers should be aware of their legal rights and responsibilities when encountering a roadblock.
What Happens at a Counterattack Roadblock?
During a roadblock, police are stationed at strategic points to check drivers for signs of impairment. Officers can stop vehicles, ask routine questions, and, more importantly, demand a breath sample. Under Canadian law, police do not need any grounds to request a breath test. These tests are mandatory, and refusing to comply is a criminal offence.
Failing the test or refusing to provide a sample can result in an Immediate Roadside Prohibition (IRP), which comes with severe penalties, including:
– A driving prohibition (90 days for a fail or refusal)
– Vehicle impoundment
– Fines and reinstatement fees
– Mandatory participation in the Responsible Driver Program
– Potential installation of an ignition interlock device
Mandatory Breath Tests: What You Need to Know
Since changes to the law in 2018, police can demand a breath sample from any driver they stop, even if there are no signs of impairment. This policy aims to deter impaired driving, but it also places greater pressure on drivers to comply.
If you are stopped, remain calm and follow the officer’s instructions. Here’s what you should do:
1. Provide Identification: Hand over your driver’s license, vehicle registration, and proof of insurance when asked.
2. Answer Basic Questions: You are required to confirm your name, address, and basic vehicle details. However, you are not obligated to answer questions about your evening or alcohol consumption. And you should not – remain silent!
3. Take the Breath Test: If an officer requests a sample, comply immediately to avoid the serious consequences of refusal.
Can You Challenge a Roadside Breath Test?
Yes, you can challenge the results of a roadside breath test, but it requires legal expertise. If you receive an IRP, the window to dispute it is short—just seven days to apply for a review. Working with an experienced lawyer can improve your chances of successfully contesting the prohibition.
Tips to Avoid Problems at Roadblocks
– Plan Ahead: If you plan to drink, arrange for a safe ride home. Use a designated driver, rideshare service, or public transit.
– Know Your Limits: Even one or two drinks can impair your ability to drive safely.
– Stay Polite: Cooperation with police can help prevent unnecessary escalation. Remember, though, that being polite doesn’t mean answering questions that may jeopardize you.
– Call a Lawyer: If you face charges or receive an IRP, contact a lawyer immediately.
Counterattack Season is a reminder of the serious consequences of impaired driving. Knowing your rights and understanding the law can help you navigate roadblocks confidently. If you find yourself in legal trouble, act quickly. With penalties that can affect your ability to drive, work, and live your daily life, having the right legal representation is crucial.
Stay safe, and remember: a little preparation can save you from a big problem this holiday season.
For expert legal advice or assistance with Immediate Roadside Prohibitions, contact our experienced team today.
