DUI Checkpoints - What To Expect
October 2023
Imagine you're driving at night and you see flashing blue lights up ahead. Your first thought might be that the police pulled over someone for speeding or that there's been an accident. As you get closer, though, you notice that the police are guiding cars to stop in an organized way. This means you're coming up to a police checkpoint specifically for checking if people are driving under the influence of alcohol or drugs.
If you've had any alcohol, used marijuana, or taken other drugs, you might start to feel really worried. How worried you feel could depend on how much of these things you've had, although if you're extremely impaired, you might not feel worried at all.
But no matter how worried or impaired you are, trying to avoid the DUI checkpoint isn't a smart idea. Quickly making a U-turn or turning onto a side road will definitely get the police's attention. They're usually ready for that kind of thing and might chase you. Even if it seems like a good plan at the moment, doing this could actually give the police more reasons to check if you're driving under the influence.
It's possible that, depending on how impaired you are and other things, you could get in trouble for driving under the influence in both situations. Before you even think about trying to avoid a DUI checkpoint in the Toronto area, you should know a little bit about how they work and what you're allowed to do when the police stop you. Keep reading to find out all you need to know about DUI checkpoints in Toronto and the rest of Ontario, with the help of Titan Defence, a Toronto law firm that knows a lot about defending people in DUI cases.
Information about R.I.D.E. Programe
The R.I.D.E. program started in 1977 as a local effort in the west part of Metropolitan Toronto, specifically in the Etobicoke area, with the initial goal of reducing impaired driving in Etobicoke. Because of its success, the program was adopted nationwide and expanded to stand for Reduce Impaired Driving Everywhere.
Throughout the year, R.I.D.E. initiatives are carried out, but they are mainly focused during the winter holiday season, known as Festive R.I.D.E.
During a R.I.D.E. spotcheck, police officers halt cars, talk to drivers, and assess if they are sober. During these checks, most individuals are indeed sober, and some even serve as designated drivers for their companions. Unfortunately, R.I.D.E. programs still identify several drivers who are impaired. If arrested for Impaired Driving, your driver's license will be suspended for 90 days, and your vehicle will be impounded for 7 days. A court date will be assigned, and if found guilty, you might face a one-year driver's license suspension, a minimum fine of $1000, and potential jail time. Those convicted of a second or third offence will serve time in jail, and may have their driving privileges taken away for a much longer period, and possibly life.
R.I.D.E. programs are designed to protect the community, raise awareness about the gravity of impaired driving, and apprehend drivers who are under the influence.
The Importance of DUI Checkpoints
DUI checkpoints serve a crucial purpose in safeguarding our roads from the dangers of impaired driving. These checkpoints are strategically placed stops where police officers can screen drivers for signs of alcohol or drug impairment. The aim is not only to catch offenders but to deter people from getting behind the wheel when they're not fit to drive. Imagine a bustling Friday night in downtown Toronto. The streets are alive with laughter and excitement as people go out to enjoy themselves. Among them, Sarah decides to head home after a few drinks at a local pub. As she approaches a DUI checkpoint, her heart races. The flashing blue lights reflect in her rearview mirror, and she knows she'll have to face the police officers waiting ahead. These checkpoints are like gatekeepers of the night, ensuring that those who've had one too many don't pose a risk to themselves and others. Sarah is asked to take a simple breath test. Although she's nervous, the results show that she's well within the legal limit. She breathes a sigh of relief as she continues her journey home. In this instance, the DUI checkpoint not only deterred Sarah from considering driving under the influence but also provided her with a sense of safety as she encountered the watchful eyes of law enforcement dedicated to keeping our roads free from impaired drivers.
DUI checkpoints have a profound impact on public awareness. As news of these checkpoints spreads, people become more mindful of their alcohol consumption before getting behind the wheel. Think of Michael, a young professional planning to meet friends at a popular event in Brampton. He's heard through social media that there will be a DUI checkpoint along the main route to the venue. He decides to leave his car at home and opt for public transportation instead. The knowledge of the checkpoint not only keeps Michael safe from any potential legal trouble but also encourages him to make responsible choices. As he joins the lively crowd at the event, he appreciates the efforts made by law enforcement to ensure that everyone enjoys the night without risking their safety. In this way, DUI checkpoints not only intercept potential threats but also inspire a collective consciousness about responsible drinking and driving habits.
The Legality of DUI Checkpoints
The implementation of DUI laws in Canada has not been without its fair share of controversy, with critics arguing that they sometimes encroach upon individuals' Charter rights. One major point of contention revolves around the fine balance between maintaining road safety and ensuring that citizens' rights are respected. The debate often centers on whether the increased authority granted to law enforcement during DUI stops may inadvertently infringe on personal liberties. Some voices in the legal community express concerns that random stops, such as those conducted at DUI checkpoints, might lead to arbitrary detentions and unwarranted searches.
Judges concluded that any infringement on Charter rights was justified by the safeguarding of public health through random checkpoints. While the higher court has declined to completely ban the legal use of such checkpoints by the police due to the Charter violation, its rulings have imposed limitations on what the police can inquire about during checkpoint stops. In the absence of other reasonable and probable grounds to suspect criminal activity, officers at a DUI checkpoint are only permitted to check the driver or vehicle for:
- Sobriety
- Driver's license
- Ownership
- Insurance
- Mechanical fitness
What To Do If You're Confronted by a DUI Checkpoint
When faced with a DUI checkpoint in Ontario, it's important to note that the police possess the legal entitlement to gather fundamental details concerning the driver and the owner of the vehicle. Additionally, they can evaluate the vehicle's mechanical integrity and, indeed, ask for a screening test. Should the police officers exceed these defined limits during a DUI checkpoint stop, it might serve as a basis for asserting a Charter rights defence in the event of a DUI arrest stemming from that stop. If you find yourself stopped at a DUI checkpoint, give the police only the information that aligns with legal requisites. Maintain a cooperative attitude, but be cautious about responding to questions that go beyond the essential inquiries relating to identity and vehicle ownership. Make a mental note of any actions taken by the police that appear to surpass their authorized jurisdiction.
It's essential to be aware that rejecting the roadside screening test during a checkpoint (or at any other time) can lead to a “refuse breath sample” arrest on the basis of that refusal. This refusal constitutes a criminal offense, carrying penalties equivalent to those of a typical DUI. It's worth noting that you do not have the right to seek advice from a lawyer before undergoing this test. Nevertheless, if the screening results in a DUI arrest, you retain the right to consult with a lawyer before undergoing further tests to assess impairment or responding to any questions.
Protect Your Future with Titan Defence
If you or someone you know is facing DUI charges, don't navigate this complex legal landscape alone. Turn to the experienced team at Titan Defence. Our dedicated lawyers are well-versed in DUI defence, and we will work tirelessly to protect your rights, minimize the consequences, and strive for the best possible outcome in your case. Contact us today to schedule a consultation and let us guide you through this challenging time. Remember, taking action now can make a significant difference in securing your freedom and safeguarding your future.
Author: Titan LLP
NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.