When the police are demanding a roadside breathalyzer test, it is the police officer’s responsibility to explain to the driver the obligations placed upon them by Canadian Law.
The police officer being the person in control has the responsibility to;
- Ensure that the Breathalyzer was working properly
- Ensure that the driver understands what they are required to do
- Tell the driver that they must provide a sample of their breath, and the ramifications if they do not provide the test
- Ensure that the test is done properly
- Make sure that the driver is able to provide the test
Many times police officers fail to properly explain to the driver what is required of them and how to properly do the test.
As well as issues regarding the actual testing procedure there are issues such as time delay arguments, rights to counsel and legal issues that may arise at trial.