I mean I’m not even American and I know Miranda rights only need to be read to apply to interrogation AFTER being arrested. Typically by that point theyve already determined you’re drunk driving based on questions during the detention period.
refusing to comply with breath tests during a vehicle stop is against the law - I’m not aware of it violating any US rights, though again I’m not american. That’d be like refusing to stop when they tell you to
In Canada you have the right to an attorney, without delay, simply being detained … except when you’re suspected of drunk driving
Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees every person the right to retain and instruct legal counsel without delay, and the right to be informed of that right upon arrest or detention.
It’s not so much a violation of your rights, but an elimination of that right during that specific situation
I mean I’m not even American and I know Miranda rights only need to be read to apply to interrogation AFTER being arrested. Typically by that point theyve already determined you’re drunk driving based on questions during the detention period.
refusing to comply with breath tests during a vehicle stop is against the law - I’m not aware of it violating any US rights, though again I’m not american. That’d be like refusing to stop when they tell you to
In Canada you have the right to an attorney, without delay, simply being detained … except when you’re suspected of drunk driving
Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees every person the right to retain and instruct legal counsel without delay, and the right to be informed of that right upon arrest or detention.
It’s not so much a violation of your rights, but an elimination of that right during that specific situation
Chaterpedia is a great resource for us - the section 10 discussion explicitly discusses the legal situation of impaired driving.
https://justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art10b.html