If you register a “Fail” on an Approved Screening Device in Brampton, you will be arrested for impaired driving. Do not argue with Peel Regional Police; remain silent and immediately exercise your right to speak with a local lawyer before providing evidentiary breath samples at the police station. The initial 90-day licence suspension is automatic, but fighting the criminal charge is entirely possible with legal help.
Being pulled over by Peel Regional Police on busy roads like Queen Street, Bovaird Drive, or Highway 410 can be an incredibly stressful experience. 🚨 If an officer suspects you have consumed alcohol, they will demand that you blow into a handheld Approved Screening Device (ASD). If that small machine registers a “Fail,” your mind might start racing, and panic can easily set in. It is completely normal to feel overwhelmed, but knowing exactly how to handle this critical situation is vital for protecting your legal rights and your future in Ontario.
In Canada, a “Fail” on a roadside screening device indicates that the machine detected a blood alcohol concentration (BAC) of 80 milligrams of alcohol in 100 millilitres of blood, or higher. This is commonly referred to as being “Over 80.” It is important to understand that the roadside test is generally used as grounds to arrest you, not as the final evidence used in court. This article will explain the step-by-step process of what happens next in Brampton and how you should conduct yourself to avoid making your legal situation worse.
Step-by-Step Process After a “Fail” in Brampton
Step 1: The Arrest and Immediate Administrative Suspensions
The moment the roadside device shows a fail, the officer will formally arrest you for an impaired driving offence under the Criminal Code of Canada. 🚫 At this exact moment, provincial laws under the Ontario Highway Traffic Act also kick in. Your Ontario driver’s licence is immediately suspended for 90 days under the Administrative Driver’s Licence Suspension (ADLS) program. Additionally, the vehicle you are driving will be impounded for 7 days, regardless of who owns it. You must comply peacefully with the arrest, as resisting or arguing can lead to additional, more severe criminal charges.
Step 2: Exercising Your Right to Silence
One of the most important things you can do during your arrest is to remain strictly silent. You are required by law to provide your name, address, and date of birth to establish your identity. However, you do not have to answer probing questions about where you were drinking, who you were with, or how much alcohol you consumed. Politely tell the Peel Regional Police officer that you wish to remain silent until you have had the opportunity to speak with a lawyer. Everything you say is being recorded and will be used against you by the Crown prosecutor.
Step 3: Demanding to Speak with a Local Lawyer
Upon arrest, the police are legally obligated to inform you of your Charter right to legal counsel. ⚖️ You should always say “Yes” when they ask if you want to call a lawyer. Once you arrive at the local police division (such as 21 Division or 22 Division in Brampton), they must provide you with a telephone and a private room to call a criminal defence law firm or free duty counsel. Do not rush this step. It is crucial to get professional legal advice tailored to your specific situation before proceeding further.
Step 4: The Evidentiary Breath Test at the Station
After you have had the chance to speak with a lawyer in private, the police will demand that you provide breath samples into a larger, more accurate machine called an Intoxilyzer. Generally, criminal lawyers advise individuals to provide these samples, as refusing this test is a separate and very serious criminal offence. The results from this machine are what the police will use to officially charge you with driving “Over 80.” If you are polite and cooperative during this test, you will typically be released shortly after with an Appearance Notice or Undertaking.
How Much Does an Impaired Driving Charge Cost in Brampton?
An impaired driving charge in Ontario is extremely expensive, even before you ever set foot inside a courtroom. 💸 The financial burden begins the moment you are arrested. Here is a breakdown of the typical costs you might face:
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Vehicle Impound (7 Days) | $700 – $1,000 |
| Licence Reinstatement (ServiceOntario) | $281 |
| Minimum Court Fine (If Convicted) | $1,000 + 30% Victim Surcharge |
| Law Firm Fees (Defence) | $3,000 – $10,000+ |
Beyond these immediate costs, you must also consider the long-term financial impact. If you are convicted, you will be required to obtain high-risk facility insurance to drive again, which can easily increase your premiums by $5,000 to $10,000 CAD per year for several years. You will also have to pay for the mandatory Back on Track program and the installation of an ignition interlock device.
How Long Does the Legal Process Take?
The criminal justice system moves slowly, and resolving an impaired driving charge requires patience. 📅 Your immediate roadside suspension lasts for exactly 90 days. Your first court appearance in Brampton, usually held at the A. Grenville and William Davis Courthouse on Hurontario Street, will typically be scheduled 4 to 6 weeks after your arrest date. The overall process of requesting police disclosure, attending pre-trial meetings, and ultimately resolving your case or going to trial can take anywhere from 6 to 18 months.
Frequently Asked Questions (FAQ)
Can I refuse the roadside screening test?
No. Refusing a lawful demand for a roadside breath sample is a criminal offence under the Criminal Code of Canada. It carries the exact same, or sometimes even harsher, penalties as an impaired driving conviction, including heavy fines and a driving prohibition.
Will I go to jail for a first-time impaired driving offence?
Generally, first-time offenders in Ontario who do not cause an accident, property damage, or bodily injury do not face jail time. However, the Crown prosecutor will seek a criminal record, substantial fines, and a minimum 1-year driving prohibition.
Can the police search my car after I fail the roadside test?
Yes. Incident to a lawful arrest for an impaired driving offence, Peel Regional Police generally have the authority to conduct a reasonable search of the immediate area in your vehicle for evidence related to the offence, such as open alcohol containers or drugs.
Can I drive to work during my 90-day licence suspension?
Absolutely not. The 90-day Administrative Driver’s Licence Suspension is absolute. There are no special work permits or hardship licences in Ontario for this period. If you are caught driving while suspended, your vehicle will be impounded for 45 days, and you will face severe new charges under the Highway Traffic Act.
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