As Counterattack Season begins in British Columbia, roadblocks and breath tests become a common sight. Police present these as efforts to keep roads safe, but let’s be clear: these roadblocks are also a revenue-generating tool and an opportunity to catch unsuspecting drivers in technical violations. If you think the police are just trying to keep you safe, think again.
Roadblocks: A Trap Disguised as Public Safety
Police at roadblocks don’t need to see any evidence of impairment to demand a breath sample. That’s right—your spotless driving record, polite demeanour, and lack of alcohol smell won’t stop them from testing you. The law allows them to demand a breath test from any driver, at any time, without grounds.
This gives officers immense power to intimidate and extract confessions from drivers. A seemingly casual conversation about where you’ve been or whether you had “just one drink” is often a setup to build a case against you. Even an innocent mistake, like admitting to drinking a single beer hours earlier, can lead to further scrutiny, tests, and ultimately, penalties.
The Mandatory Breath Test: No Grounds, No Mercy
Mandatory breath tests sound reasonable in theory, but in practice, they are a blunt instrument. Refusing to comply, even out of confusion or fear, is a criminal offence with severe consequences.
Even if the police decide not to charge you criminally you can receive an Immediate Roadside Prohibition (90 days for refusing or failing the test). You will get a 30 day vehicle impoundment, a $500 fine and associated fees for reinstatement of your license, an automatic referral to the Responsible Driver Program and potential referral to the Interlock.
Drivers who blow a “fail” may not even be impaired—factors like mouth alcohol or medical conditions can lead to false positives. Yet, the penalties are handed down without a fair chance to explain or dispute the results in the moment.
The Tricks Police Use at Roadblocks
Police are trained to extract information from drivers without revealing their intentions. Here’s how they trick drivers into incriminating themselves:
1. Casual Questions: Questions like, “Where are you coming from?” or “How much have you had to drink tonight?” are not harmless. They’re designed to gather evidence.
2. Fast Demands: Officers often rush drivers, creating pressure to comply without fully understanding the situation. This is particularly effective late at night when drivers are tired or stressed. Despite this, you are required by law to comply immediately with the demand.
3. False Assurances: Police might imply that being honest will help your case. Spoiler: it won’t. Everything you say can and will be used against you. That is why you should remain silent.
4. Threats of a Refusal Charge: Refusing the test leads to immediate consequences, which can scare drivers into compliance even if they have legitimate concerns about the test that they cannot effectively communicate to the officer.
Protect Yourself at Roadblocks
If you’re stopped at a roadblock, remember this: the less you say, the safer you are. Here’s how to handle the situation:
– Stay Polite but Reserved: Answer only the basic questions you’re legally required to, like your name and address. Don’t offer extra details about your evening. Do not respond to questions about drinking.
– Don’t Admit to Drinking: Even a casual mention of “just one beer” can escalate the situation. Remain silent. Silence can never be used against you.
– Request Legal Advice: Once the process is complete, contact a lawyer. You are not entitled to legal advice roadside but you can speak to a lawyer afterwards.
Is This Really About Safety?
Roadblocks during Counterattack Season are as much about generating fines and penalties as they are about safety. Police rely on technicalities and driver mistakes to meet quotas, and the system is designed to discourage challenges. Most drivers don’t have the time, money, or legal knowledge to fight back, which makes roadblocks an effective—but arguably unfair—tool.
Police roadblocks during Counterattack Season are not just about preventing impaired driving; they’re about leveraging drivers’ fear and confusion for easy penalties. Knowing your rights and how to handle these interactions is your best defence.
If you find yourself facing an Immediate Roadside Prohibition or other charges, don’t go it alone—contact a lawyer immediately to level the playing field.
If you’ve been targeted by a Counterattack roadblock, contact us for experienced legal advice to protect your rights.
