Police use a variety of methods to determine if a person is driving while impaired by alcohol or drugs. A police officer’s observations of the way that a person drove or the way that they looked and acted when stopped may be used as evidence to show that the person was driving impaired. Some of the things an officer looks for are: Was the car weaving across the road? Did the driver miss a stop sign or a red light? Does their breath smell of alcohol? Are there unusual changes to the driver’s pupils? Does the driver need to lean on something to stand up? Are they unsteady? Are their eyes glassy or red and watery?

However, observations are only one method. There are specific ways to test for blood alcohol over .08. Similarly, there are tools to determine if a driver has exceeded the legal limit under Saskatchewan law (.04 for experienced drivers and zero for new drivers or people 21 or under). There are also standardized tests to look for signs of impairment from alcohol or drugs.

It is a criminal offence to refuse to take the tests outlined below or provide the required samples. The consequences for refusal are the same as being convicted of a criminal drug or alcohol driving charge, with the addition of things like longer impoundment times for vehicles, larger penalties under the Safe Driver Recognition Program, and longer periods of mandatory ignition interlock.

Within Three Hours

A breathalyzer demand can be made if a police officer has reason to believe that a person has been driving while impaired or over .04 within the last three hours. A demand can even be made if that person is not in their vehicle. For example, if an officer sees someone weaving all over the road and then finds that person at home half an hour later, the driver could still be required to take the test and can be charged if they are over the limit or refuse to take the test.

Roadside Tests

If a police officer has reason to believe that a driver has any alcohol in their body the officer can demand that the driver immediately provide a breath sample for a roadside screening device. Unlike breathalyzers, roadside screening devices don’t tell the amount of alcohol a person has in their blood. They usually indicate pass, fail or warning.

Breathalyzers

A breathalyzer demand may be made when a police officer has reasonable grounds to believe that a driver is impaired or has a blood alcohol level over .08. A demand may also be made if the officer reasonably suspects that a new driver or a driver who is 21 or under has consumed any alcohol. For example, the police may demand that a person take a breathalyzer test if they fail a roadside test or their driving is erratic.

Blood Samples

In some situations, the police can demand a blood sample rather than a breath sample. A demand for a blood sample can be made when a police officer believes that the driver’s physical condition makes them unable to take a breathalyzer test. A demand for a blood sample may also be made when it would be unreasonably difficult to obtain breath samples. For example, a person who suffers a mouth or face injury in a collision might not be able to provide a proper breath sample.

Standard Field Sobriety Tests

Police officers may require a driver to take a Standard Field Sobriety Test (SFST) if they have reason to believe that the driver has too much alcohol in their blood system. For new drivers and anyone 21 or under, any alcohol is too much alcohol. Experienced drivers may drive provided their alcohol level is below .04.

A Standard Field Sobriety Test may also be required if there is reason to believe that a driver is unsafe to drive because of drugs or other substances.

These tests are designed to assist police officers in spotting signs of impairment. They typically include checking a driver’s ability to follow the movement of an object with their eyes, keep their balance and follow instructions.

If the test shows signs of drug impairment the driver must undergo a drug evaluation and classification assessment by a trained police officer. This means that the driver must provide a blood, saliva or urine sample.