Smell of alcohol made officer’s breath demand reasonable, Appeal Court rules
TORONTO — A police officer’s demand for a breath sample from a motorist who smelled of alcohol but otherwise showed no signs of being drunk was reasonable and constitutional, Ontario’s top court ruled Friday.
The decision, contrary to findings from two lower courts that acquitted him, means Andrew Schouten will now have to face a new trial on a charge of drunk driving.
“It is not necessary that a person show signs of impairment to found a basis for making a roadside breath demand,” the Court of Appeal said. “All that is required is that the police officer making the demand has reasonable grounds to suspect that a person has alcohol in their body.”
The case arose when the officer smelled alcohol on Schouten’s breath during a routine traffic stop near Brockville, Ont., on an evening in June 2013. The driver admitted to having been drinking — but said his last drink had been 10 hours earlier although he couldn’t provide details as to how much or what he had drunk.