Police spark debate after demanding breathalyzer at Barrie, Ont. man's home after traffic complaint
Police in Barrie sparked controversy after a video posted to social media showed officers arriving at a man's door to administer a breathalyzer test following a complaint about suspected impaired driving.
- Download the CTV News app to get local alerts on your device
- Get the latest local updates sent to your email inbox
Micah Colbert, a content creator, quickly grabbed his phone to record the interaction when an officer knocked on his door.
"We received a traffic complaint from the OPP, advised about possible impairment. You were swerving in and out of lanes," the officer tells Colbert in the video. "So now I'm here to administer an alcohol screening device. Right now, I demand that you provide a sample of your breath."
Despite being admittedly nervous, the 20-year-old Barrie man said he was confident he would pass the breath test.
"I knew I wasn't drinking. I know my thing would have been zero anyways, so I just embraced the moment and had a good time," Colbert said.
The video now has 1.7 million views on TikTok, with hundreds of thousands of comments debating the legality of officers showing up at someone's house to demand a breathalyzer based on a traffic complaint.
"Seeing the comments and seeing how it might be illegal or unlawful, or whatever it may be, I kind of see that now. So okay, if I had been drinking after I got home, what would have happened then?" Colbert said.
CTV Public Safety Analyst and former OPP Commissioner Chris Lewis confirmed the officer's actions were entirely legal.
"It is within the right of the police to knock on the door of somebody suspected of impaired driving and find out whether or not they had been impaired," Lewis said. "But, they have to know the person was driving. So the individual will either have to admit it, or they've got a witness."
Lewis said the law surrounding this was fairly new.
"This came with changes to the Criminal Code of Canada a few years back that I wasn't even aware of when this video surfaced online. I saw the video, and I wondered myself, actually, when did this become the norm," the former OPP commissioner said.
Lewis noted police only needed grounds to believe someone was driving impaired to demand a breathalyzer.
"I think the police handled this well. They were very professional, and cordial, they were smiling, laughing. The young man was exceptionally polite," Lewis noted.
After passing the breathalyzer test, Colbert and the officer are seen giving each other a fist pump.
Still, despite the legality of the action, questions remain about the possibility of false accusations or a situation where someone drives erratically but is not impaired and drinks after arriving home.
"If it's within the two hours of driving, perhaps you could be charged and then let the courts make the decisions from there," Lewis said.
"It's going to be interesting to test it within the Supreme Court and the decision-making around the legality of it," he added.
In an email to CTV News about the incident, Barrie police communications coordinator Peter Leon stated the service takes impaired driving reports very seriously.
"Our investigations utilize various investigative techniques, which can include attending a residence for the necessary follow-up," Leon stated.
"Impaired driving is one of the leading causes of death," Lewis concluded. "Just don't drink and drive, and there won't be an issue."
CTVNews.ca Top Stories
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Powerful tornado tears across Nebraska, weather service warns of 'catastrophic' damage
Devastating tornadoes tore across parts of eastern Nebraska and northeast Texas Friday as a multi-day severe thunderstorm event ramped up in the central United States, injuring at least three people.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Trump's lawyers try to discredit testimony of prosecution's first witness in hush money trial
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.