What Police Don’t Have to Tell You During a Traffic Stop in BC
Most drivers assume that if something important is happening during a traffic stop, the police will explain it. That assumption causes problems.
In British Columbia, police have significant roadside powers. Many of those powers come with no obligation to explain them to you in the moment. That gap between what people expect and what the law requires is where many driving cases go sideways. A traffic stop may seem like a conversation, but from the perspective of the police the “conversation” is them gathering evidence. Things you are told are not to inform you but to investigate you.
Here are some things police do not have to tell you during a traffic stop in BC.
Police do not have to explain why they are demanding a roadside breath test
Under the Criminal Code of Canada, the police can make a mandatory breath demand using an approved screening device without having any suspicion that you have been drinking. They do not need to explain the legal authority for that demand, the standard they are relying on, or what threshold they believe applies.
You may feel the demand is unfair or arbitrary. That reaction is understandable. It does not affect whether the demand is lawful.
Police do not have to tell you the consequences of a breath result
If you blow a Warn or a Fail, the roadside consequences are serious. Immediate driving prohibitions. Vehicle impoundment. Financial penalties. Long-term insurance consequences.
Police are not required to explain any of that before you provide a sample.
Many drivers believe that if the consequences are severe, there must be a warning first. That is not how the law works in BC.
Police do not have to tell you your blood alcohol level
Approved screening devices do not produce a BAC number that you are entitled to see at roadside. The result, typically, Warn, or Fail is all you are told.
Officers are not required to estimate your alcohol level, explain margins of error, or discuss how close a result may have been to a different category.
Police do not have to tell you that you can call a lawyer at roadside
The right to counsel exists but there are recognized limits and the timing matters. In impaired driving investigations, police are permitted to delay access to a lawyer until roadside testing is complete. They do not have to explain this distinction to you, and they do not have to correct misunderstandings you may have about when you can speak to counsel.
If you ask to call a lawyer before providing a breath sample, that request will usually be refused. That refusal does not make the investigation unlawful. You have no right generally to speak to a lawyer before blowing into a breathalyzer roadside.
Police do not have to correct your assumptions
This is the hardest one for most people. If you believe you are helping yourself by explaining, apologizing, or volunteering information, police are not required to stop you. If you misunderstand the process or the stakes, police are not required to step in and clarify.
The roadside is not an advice session. It is an evidence-gathering exercise. When you think you are having a conversation, the police are thinking of the steps of their investigation and how the information you’re providing will assist their investigation of you.
Why this matters
Many driving cases are lost not because someone was impaired or over .08, but because a driver assumed the process was more transparent, conversational, or protective than it actually is. The police are not there to help you. They are there to investigate you, record the information that supports their case and potentially issue punishment.
Understanding what police are not required to tell you helps explain why silence, compliance, and documentation are so often discussed together. They serve different purposes. The police rely on driver’s confusion which them leads to mistakes.
The next step
If you have already been stopped, tested, or issued an Immediate Roadside Prohibition, the most useful thing you can do now is get accurate advice early. BC driving law is technical, the timelines are short and the review process is unforgiving.
If you want a clear assessment of your situation, we can look at the facts and tell you whether there is anything worth pursuing. The BC Driving Lawyers have been defending all driving cases for decades. Call now and we can get started on your case.