Answering Questions At A DUI Checkpoint Or RIDE Program

So you’re driving in Ontario and you pull into DUI check stop otherwise known as a RIDE program, to reduce impaired driving everywhere. And the loaded question that clients and everyone askes me at parties or wherever it is, do I have to answer the questions at a RIDE check stop in Ontario. Well that’s, that’s an interesting question.

First of all, there are certain questions you’re mandated to answer. You have to produce your license, your insurance, your ownership, all that sort of thing. You have to give your name and address beyond that you have a right to remain silent, which is an interesting concept, your right’s are not to answer any questions.

So you know, the first question they ask you after this is have you been drinking tonight so, I mean, if you give them attitude, and “I refuse to answer that question”, what do you think the police officer is going to do in that situation? So it’s a catch 22 for me to give you advice in this situation, because I can’t tell you to lie, as you know as a lawyer I have an ethical obligation to say, either remain silent or tell the truth, one or the other.

But you know, what’s going to happen? So if you say, Okay, “Officer I have the right to remain silent”, I, of course, they’re going to give you the road side test. And of course, you’re going to blow over because you’ve been drinking, right, potentially.

So again, it’s your choice about what you want to do. It’s a real catch 22 You could remain silent if you’re very polite, and maybe the officer recognizes rights and lets them go on their way, but I see a lot of lawyers website recommending people don’t answer any questions, and I’m going, well, that’s the law, but I’ll let you draw your own conclusions on that. So as I mentioned you there’s certain things you’d have to provide them,and if they go onto other questions about you know, where you’re coming from and what not and getting in all this stuff.

You probably do want to exercise your right to silence because they you know, they can ask those questions but maybe at some point, hey, I better cut this off. So I’ll leave it up to you or what you can do, but certainly I can’t advise you to lie, but obviously many people do and they seem to get away with it. For example, if there’s no odor of alcohol on your breath, and you say you had no beers.

They can give you a breath test with any suspicion but we really think they’re going to pull everyone in to give breath tests. They only have a few devices there with all these cars pulling in and they’re really going after people with alcohol on their breath, or who admit their drinking and driving. So I’ll leave it up to you what you do. I can’t advise you to lie and I’m not doing that. I guess I know what I would do in that particular situation. Of course and I’ll leave it at that. So yeah, it’s a RIDE program. If they do ask you to provide a breath sample, it’s actually a demand it’s not a request, you have to, do provide it at the road.

You’re not entitled to a lawyer at the roadside, you have to provide that breath sample. Of course, if you fail, if you blow over 100 milligrams, that’s what it’s calibrated at. In 100 milliliters of blood at the roadside at least you go down for the main test and see if you blew over 80.

So here we have it, those are your rights, you have a right to remain silent. It’s a catch 22 type right in this situation. And it’s a very difficult for me to give you legal advice on the internet about this, but what you should do in this situation, and I’ll leave you to your own devices on it.

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