It’s summertime, and you’re driving home. Maybe you’re out with some friends, or maybe you’re coming home from a family barbeque. Up ahead, you see flashing lights and a line of cars being stopped.
Your first thought: What happens now? Can the police search my car? Do I have to answer all of their questions?
Understanding your RIDE program rights in Ontario is important, especially during the warmer months when police stops are more frequent. How you react in that moment affects what happens next, especially if driving while under the influence becomes a possibility. If the situation escalates, then speaking with a lawyer, Windsor drivers can trust, early on makes the difference.
What is the RIDE Program
The RIDE program in Ontario stands for Reduce Impaired Driving Everywhere. The program is a series of roadside checkpoints, set up by the police, to detect impaired drivers and enforce road safety laws under Canada’s Criminal Code. The purpose of the RIDE program is to:
- Prevent impaired driving, by acting as visible deterrent and encourage drivers to plan ahead (e.g. having a designated driver)
- Remove intoxicated drivers, by checking for signs of alcoholic and/or drug consumption before accidents occur
- Increase public awareness about the dangers of driving while intoxicated
Even though the focus is public safety, you do have rights that you can exercise during a RIDE stop in Ontario.
What are Your RIDE Program Rights in Ontario
Knowing your rights makes a huge difference, especially in situations where things can easily escalate if handled in the wrong way. During a RIDE stop in Ontario drivers must follow certain legal rules, and failing to comply can lead to additional charges and/or penalties. Understanding the following requirements helps you stay in control of the situation and avoid making things worse.
What You Are Required to Do
Provide Identification
When asked, you have to provide your driver’s license, proof of insurance (pink paper document), and the permit for your vehicle (green paper document). These documents must be valid and up to date.
Stop When Directed
When approaching a RIDE checkpoint, stop when signalled by the police. Ignoring, or attempting to avoid, the checkpoint raises police suspicion.
Comply with a Breath Test Demand
If the officer makes the lawful demand for a roadside breath test, you must comply. Refusing, or delaying the test can result in an additional criminal charge – often carrying penalties similar to a DUI.
Lawful Instructions
You must follow all and/or any lawful instructions given by the officer, such as turning off your car, stepping outside the car, or waiting inside while checks are being done. Not following the instructions, is an easy way to quickly escalate the situation.
What You Are Not Required to Do
This is where many people get unsure and make mistakes. Below are some of the things that you are not required to do:
Give Detailed Answers to Basic Questions
Officers ask simple questions such as “where you are coming from,” “where you are heading,” or whether you’ve consumed any alcohol and/or drugs. You are not required to answer in detail about your outing. However, you should be calm and respectful when answering. Short and basics replies such as “I’m heading home,” or “Going out for dinner,” are enough. If you are unsure of how much information you should share, it’s always better to speak with a Windsor lawyer.
Consenting to a Vehicle Search
You have the right to refuse consent if an officer asks to search your vehicle. However, police do not always need your permission to conduct a lawful search. Depending on the circumstances, they may have the legal authority to search your vehicle without your consent.
Examples of situations where police may lawfully search your vehicle include:
- Evidence in plain view, such as an open container of alcohol, illegal drugs, or a weapon that is clearly visible.
- Reasonable grounds to believe an offence has been committed. For example, the smell of alcohol or drugs, combined with other observations such as slurred speech, impaired coordination, confusion, or other signs of impairment, may give police legal grounds to search the vehicle or make an arrest.
What Happens If You Are Asked to Provide a Breath Sample
Since 2018, police officers can demand a breath test during a lawful stop (e.g. a RIDE checkpoint), even if there are no signs of alcoholic and/or drug consumption.
If an officer demands a breath test, you must comply. You have no right to delay the request to speak to your Windsor lawyer, first during the stop.
Failure to comply with the request can result in further charges, which can be just as serious as a conviction for driving while under the influence.
Common Mistakes Made at RIDE Stops
Even if you believe you are being careful, you can unintentionally escalate the situation. A RIDE stop may feel routine, but your reaction to it can have long-lasting consequences.
Guessing Your Rights
Many drivers are not sure of what they must do versus what they can refuse. This can result in the driver being overly compliant, and agreeing to things they can refuse, or resistance in the wrong areas, such as refusing a lawful breath test. Both sides can escalate and create unnecessary issues.
Being Uncooperative or Defensive
Frustration and/or nervousness can come across as you being uncooperative. Refusing basic requests, arguing with the officer, or showing attitude can result in further scrutiny and worsen the situation. Staying calm and respectful makes the process go smooth.
Underestimating the Situation
Some individuals think that RIDE stops are harmless and routine, and do not realize how quickly the situation can change if the officer suspects intoxication. A quick, routine stop can easily turn into a serious investigation, if officers detect signs of impairment.
What Happens If Charged During a RIDE Stop
If charged during a RIDE stop in Ontario, you are most likely to face immediate consequences, including:
- A 90-day licence suspension.
- A 7-day impoundment of your vehicle.
- An arrest if you either fail the breath test (having a BAC of more than 80mg), or refuse to comply – which can lead to a charge of either driving under the influence, or driving with a speed of over 80km/h. At this stage, reaching out to a Windsor criminal lawyer is crucial for you, to understand the next steps.
At the Station
After an arrest you will be taken to the station, where you will be processed and booked – the process of creating an official arrest record for the individual – and possibly released with a Promise to Appear in court – a formal and signed document used to release an arrested individual without the need for a formal bail hearing – depending on your case.
Long-Term Consequences
If convicted, some of the long-term consequences you will have to deal with include:
- A criminal record
- Mandatory fines, minimum of $1,000 for first offences
- A license suspension of at least 1 year
- Mandatory attendance and completion of “Back on Track” education program
- Mandatory ignition interlock device
Early Legal Advice Matters
What you say during the checkpoint, how the breath test was done, and whether or not procedures were properly followed affect how your case develops and its outcome.
Which is why getting a criminal lawyer, Windsor residents trust to look at every detail and the big picture simultaneously early on can help identify issues in your case and protect your rights. Don’t wait till your court date to start strategizing.
You’re Not Alone in This
RIDE stops are common and are more frequent during the summer. Many individuals, in that moment, don’t know how they should react.
However, you don’t have to panic.
Understanding your RIDE program rights in Ontario, what you can refuse and what rules you must oblige, makes a real difference in how the stop unfolds.
You don’t need to panic, but you have to be informed. If you’ve been stopped, questioned, and/or charged at a RIDE stop, don’t see how it plays out. Get a criminal lawyer, Windsor residents trust, to protect your rights.
At The Law Office of Amy Osman, the focus is simply this: We don’t judge, we defend.
Trusted defence when everything’s on the line. Contact Amy Osman today. Get legal advice before it’s too late.
Frequently Asked Questions
Can the police stop me at a RIDE checkpoint with no reason?
Yes, police are lawfully allowed to stop all drivers passing through RIDE checkpoints in Ontario without needing suspicion, since the purpose of the checkpoint is to enforce public safety and deter driving while intoxicated.
Can the officer ask me to step out of my car during a RIDE checkpoint?
Yes, if an officer has a valid and legal reason, they can ask you to step out of your car. It’s important to follow their instructions to avoid escalating the situation.
How long can I be held at a RIDE checkpoint?
Usually RIDE stops are short and last a few minutes. However, if the officer suspects impairment, or needs to conduct further checks based on concerns regarding your behaviour, documents, and/or the car, the stop may take longer.