Saskatchewan Traffic Stops (Part 1): The Right to Remain Silent and Alcohol and Drug Screening

Traffic Safety Law

If you have been pulled over by police you, generally, have a right to remain silent and should use that right.  Do not admit to anything, an admission can be difficult to overcome at trial.  It is important that, if you decide to speak, you do not lie.   Where possible and legal, it is better to say nothing than to lie.  The right to remain silent is not absolute, however.  You have to comply with lawful orders, such as providing your name, date of birth, address, insurance, registration and driver’s license. 

During a traffic stop, you may also be required to take an alcohol screening test.  There is no requirement for police to have reasonable suspicion to compel alcohol screening of a driver.  Often, the consequences of being convicted of refusing an alcohol screening can be as bad, or worse, than a DUI/impaired driving conviction.  An officer is, however, required to have reasonable grounds to compel a screening for drugs.  If an officer requests that you take a drug test, ask if it is optional or mandatory.  If the test is optional, refuse, if it is mandatory, request that it be noted that you did not consent and were compelled to perform the screening and then complete the test.  Refusing to take a lawful drug or alcohol screening is an offence.  Some chemicals, such as those in cannabis, may be detectible in an individual’s system long after meaningful effects have worn off.  Cannabis may be detectible in your system for a significantly longer time than you are expecting.

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