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
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
RCMP uncovers plot to sell drones and equipment to Libya
The RCMP says it has uncovered a ploy to sell Chinese drones and military equipment to Libya illegally.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
'Catch-and-kill' strategy to be a focus as testimony resumes in Trump hush money case
A veteran tabloid publisher was expected to return to the witness stand Tuesday in Donald Trump's historic hush money trial.