Updated: May 01, 2025
Legally Reviewed by Alan Pearse
Sobriety & Breath Test
Sobriety & Breath Test The Short Version:
a. The police can require you to provide several samples of your breath.
b. They can also require you to do sobriety tests.
Sobriety & Breath Test The Long Version:
Section 254(2) of the Criminal Code allows the police to demand a breath sample into an “approved screening device,” or ASD. This same section allows the police to require you to do “sobriety tests.” To make these demands, the police are not held to the same standard as when they make a breathalyzer demand under Section 254(3) of the Criminal Code. To make an ASD demand or a demand for a sobriety test, the police only need have a “reasonable suspicion” that the accused has alcohol in their body. These tests usually take place at the roadside.
Section 254(3) of the Criminal Code allows the police to demand that the accused provide breath samples into one of several types of “breathalyzers.” In Alberta, this machine will likely be an Intoxilyzer 5000C. For the demand to be valid, the demanding officer must have “reasonable and probable grounds” that the accused’s ability to operate a motor vehicle was impaired by alcohol or a drug to some extent. If they do not have these grounds, the demand will be invalid.
About Alan Pearse
Alan Pearse is a Saskatchewan-based DUI lawyer with a practice focused exclusively on impaired driving litigation. Alan is the author of Guide to Breathalyzer Certificates in Canada published by Canada Law Book.
Practicing since 2000, he has defended thousands of clients and frequently lectures on DUI law to lawyers and students. A member of the Law Society of Saskatchewan, he represents clients across Canada, except in Quebec. Alan Pearse regularly answers DUI-related inquiries from both legal professionals and the public.
Testimonials
What They Are Saying
Alan did a very good job. I felt like the police were on trial.
Mr. U
Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn't even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.
Lissa Klap
I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.
Mz. W
Alan was very professional and got the absolute best results!!! Would recommend him to anybody !!! Thank you Alan
Shaun Bailey
Alan represented me for the last 20 months with various charges. He has had all of my charges and fines dropped. He was always diligent at responding to my calls and texts when I had questions or concerns. His experience in DUI law and winning track record speaks for itself. I highly recommend Alan to anyone facing these charges and all of the other charges/fines that come along with anyone’s case.
Jenny Mosley