How do the police measure my blood alcohol?
The police take samples of your breath or blood and measure those samples for your blood alcohol level.
Can the police have just anyone measure my blood alcohol?
No, in Canada only qualified people may take breath or blood samples and use them to measure your blood alcohol.
How do the police take breath samples?
The police use a mobile breathalyser or a stationary intoxilyser. The breathalyser is used at the roadside; the intoxilyser is used in a police station or a stationary trailer. If you are unsure if the police can or could legally sample your breath, consult a lawyer.
Can the police ask me for breath samples only?
It depends. The default sample is a breath sample, but in some circumstances the police may have the right to ask you for a blood sample.
When can the police demand a blood sample instead of a breath sample from me?
The police officer must have the right to demand a sample. As well, the police asking for a sample must have reasonable grounds to believe that, because of a physical condition, you may be incapable of providing a sample of breath, or it would be impractical to obtain a sample of your breath. A lawyer can advise you on whether or not the police could demand a blood sample from you.
What can excuse me from providing a blood sample?
Any physical condition may excuse you, if that condition leaves you incapable of providing a breath sample when the police ask for a breath sample. A lawyer can advise you on whether or not the police could demand a blood sample from you.
How do I consult with a lawyer about impaired driving offences or about failing or refusing to provide a sample?
A private lawyer, a legal clinic or Alberta Law Line may be able to give you legal advice:
- Private lawyers can be found, for example, in the telephone book or through the Lawyer Referral Service at 403-228-1722 in Calgary or, toll free, at 1-800-661-1095 elsewhere in Alberta (plus, Saskatchewan, BC’s Lower Mainland, Yukon, NWT, and Nunavut).
- Full-time legal clinics in Alberta include, in Calgary, Calgary Legal Guidance and Student Legal Assistance; in Edmonton, the Edmonton Community Legal Centre and Student Legal Services; in Central Alberta (including Red Deer), the Central Alberta Community Legal Clinic; and, in Lethbridge, Lethbridge Legal Guidance. Each clinic decides on its own who gets legal advice. Central Alberta Law Office (CALO). A program of Legal Aid Alberta, CALO runs a free walk-in clinic. Service is first come, first serve, and CALO determines who is eligible for legal advice. For service times and other information about the walk-in clinic, please call CALO may be reached at (403) 340-7730.
- Alberta Law Line has staff lawyers who provide legal advice to eligible callers. The staff lawyers give legal advice solely over the telephone and do not represent people in court or meet them in person. For information about whether you would qualify for advice, please visit the Law Line Services section of this site.
What if I need help paying for a lawyer to help me in court with impaired driving offences or with failing or refusing to provide a sample?
- Friends or family might lend you money or otherwise help you with your lawyer’s bill.
- A lawyer might accept services or goods from you as partial payment of your legal bill.
- A lawyer may accept your case on what is called a Legal Aid certificate, if you get one; or Legal Aid Alberta may give a certificate to a lawyer to work on your case.
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