If you fail an Approved Screening Device (ASD) test on the roadside in Mississauga, you will be arrested for impaired driving. It is absolutely critical to remain polite, exercise your right to silence, and immediately demand to speak to a criminal defence lawyer before taking any further evidentiary breath tests at the police station.
Seeing the flashing red and blue lights of a Peel Regional Police cruiser in your rearview mirror is a terrifying experience, especially if you have consumed alcohol. If you are asked to blow into a small handheld device at your window and the machine registers a “Fail,” a rapid chain of legal events is instantly triggered. 👮 You are now facing a serious criminal investigation, not a simple traffic stop.
Failing a roadside test in Mississauga means the officer has reasonable grounds to believe you are operating a vehicle while impaired. However, a roadside failure does not automatically equal a criminal conviction. As of April 2026, understanding your Charter rights and how to conduct yourself during the arrest can make a massive difference in how your local law firm defends you later in court.
Step-by-Step Process After Failing a Roadside Test in Mississauga
Once you blow over the legal limit at the roadside, the situation transitions from a traffic stop to a formal arrest. Here is exactly what will happen and how you should respond.
Step 1: The Arrest and Rights Advisory
The officer will tell you that you are under arrest for impaired driving or operating with a blood alcohol concentration “Over 80.” They must read you your right to counsel without delay. Reply simply: “Yes, I want to speak to a lawyer.” Do not argue, do not resist, and do not try to explain how much you drank. Exercise your right to silence.
Step 2: Vehicle Impoundment and Immediate Suspension
Your driver’s licence is instantly suspended for 90 days (the ADLS), and your vehicle will be towed and impounded for 7 days. 🚜 Do not argue with the tow truck driver; the police control the scene. Take your essential personal belongings (keys, wallet, phone) if the officer permits it.
Step 3: Transport to the Police Station
You will be placed in the back of the cruiser and taken to a local Peel Regional Police division in Mississauga (such as 11 or 12 Division). During the ride, remain completely silent. The cruisers are equipped with audio and video recording equipment, and any apologies or confessions will be used against you in court.
Step 4: Contacting a Criminal Defence Lawyer
Once at the station, the police must provide you with a private telephone room. You can call your own private criminal defence lawyer, or ask to speak to free duty counsel. The lawyer will advise you on whether you must comply with the next phase of testing.
Step 5: Evidentiary Breath Testing (Intoxilyzer)
After speaking with legal counsel, the police will demand you blow into a large machine called an Intoxilyzer. Generally, refusing this test is a separate criminal offence with penalties equal to or worse than a DUI. Follow your lawyer’s exact advice regarding this test.
How Much Does an Impaired Arrest Cost in Mississauga?
The immediate aftermath of an impaired driving arrest brings unexpected and non-negotiable costs.
| Expense | Estimated Amount (CAD) |
|---|---|
| Bail / Release from Custody | Usually $0 (Released on an Undertaking) |
| Towing to Impound Lot | $250 – $350 |
| 7-Day Vehicle Storage Fees | Approx. $80 – $100 per day |
| Initial Lawyer Consultation | Generally Free |
If you decide to hire a private law firm to represent you at the A. Grenville and William Davis Courthouse in Brampton, you will be quoted a block fee based on whether the case resolves early or proceeds to a full trial. 💰
How Long Does the Arrest Process Take?
The entire process-from the initial roadside failure in Mississauga, transport to the station, speaking to a lawyer, providing two Intoxilyzer samples, and processing your release paperwork-typically takes 3 to 5 hours. You will then be released on a legal document called an Undertaking and given a court date roughly 4 to 6 weeks in the future.
Frequently Asked Questions (FAQ)
What happens if I refuse the initial roadside breathalyzer?
Refusing to provide a breath sample into the Approved Screening Device (ASD) is a criminal offence under the Criminal Code. You will be charged with “Failure or Refusal to Comply,” which carries the same minimum penalties as a DUI conviction.
Can the police search my car after I fail the test?
Yes. Incident to a lawful arrest for impaired driving, the police have the authority to briefly search the immediate interior of your vehicle for open alcohol or drugs before it is towed.
Will I be held in a jail cell overnight?
Usually, no. For a standard first-time impaired driving charge without an accident or injuries, the police will release you to a sober adult or allow you to take a taxi home once you are fully processed and sober.
Can a lawyer get my charge dropped before court?
It is very rare for charges to be dropped before the first court date. A criminal defence lawyer will need to review all the disclosure (police notes, breath room video) to identify Charter violations or technical errors to fight the case.
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