Throughout Canada the police can to ask a driver to provide a roadside sample of their breath when the officer finds the driver in the care or control of a motor vehicle and;
- The officer smells alcohol on the driver’s breath, or
- the driver admits to the officer that they have consumed alcohol.
The police can stop a driver in a motor vehicle and make a demand that the driver produce a sample of their breath. Where the driver refuses to provide a breath sample the officer may arrest the driver for the criminal offence of “Refuse Roadside Breathalyzer Test“.