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CRIMINAL LAW - Frequently Asked Questions

If I am stopped by the police and am asked to provide an ASD sample, do I have the right to speak to a lawyer before providing the sample of my breath?

It depends on whether or not the police officer who stops and makes the demand for a sample of your breath has with them an Approved Screening Device. Generally speaking, if the officer has the screening device with them there usually will not be Rights to counsel given prior to taking of the sample, but if an officer does not have an ASD, then the Courts (GEORGES) have held that a detained person ought to be given rights to counsel.

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This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.