Where a motorist is deemed to have “refused” to provide a sample due to various failed attempts the Crown also has to show that the device was in working order.
The real issue in these cases is not whether you are “impaired” in any way but rather whether the Crown can prove beyond a reasonable doubt that your ability to operate a motor vehicle is impaired.
Sometimes there may be an innocence explanation for irregular driving such as fatigue, illness or distraction. Other times evidence of bad driving might be offset by a review of the police station video which betrays no obvious signs of impairment.
You don’t actually have to be driving a motor vehicle to be charged with “DUI”.
You can be arrested simply if you are behind the wheel of a parked car but the Crown will have to show that the vehicle was operable and that there was a real risk of danger that you would set the vehicle in motion.
If you are convicted of drinking and driving, your fingerprints and photographs will be retained by the RCMP in Ottawa.
A conviction also means you will have a criminal record which will show up when police run a check and that can hurt your employment opportunities as well as your travel plans.
Sometimes travelers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross.
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