Under the current law, which came into effect in 2018, police officers have the authority to demand an alcohol breath test from any driver they pull over.
“You need to have a sufficient seal—it’s like drinking through a straw—so that you can blow into the machine. You need to produce enough volume of breath to actually trigger the machine,” Spratt, a criminal defence lawyer at Abergel Goldstein & Partners, told CTV’s Your Morning. “You don’t have the right to say to the police officer, ‘take me back to the police station, I’ll voluntarily give you some of my blood,’” he explained.
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