The Christmas Counterattack program is underway in British Columbia, starting with a massive blitz on the weekend with police DUI checkpoints on most major highways in the province. Lots of people are opposed to check-stop programs like these because they think it’s unfair to inconvenience thousands of drivers to catch the odd person who might be impaired. It’s a question of methods – targeted enforcement or bulk screening.
The important thing to know, regardless of your views on the matter, is you have certain obligations at DUI checkpoints in BC and certain rights. Many people are confused about their obligations. Let’s try to clear some of the confusion.
What must you do? First, present your DL
There are lots of videos on TikTok of people recording their traffic stop. One common thing we see is people questioning the officer and refusing to provide their driver’s license. This seems to arise because people don’t understand their obligations when stopped by the police. The common scenario is the driver refuses to identify themselves because they think they don’t need to do so unless they are under investigation for a crime. There are several issues that come into play. We need to establish a few base principles so we can move through them.
Driving is a priviledge
In December 2018, the Criminal Code of Canada was amended to state clearly that driving is a privilege and not a right. This was an interesting move because there was divergent case law and legal principles at play. On the one hand, the governments can’t deprive you of a driver’s license for arbitrary or discriminatory reasons. This would suggest it’s a right. But, driving is a highly-regulated activity and you can’t drive without first earning your license and then continuing to abide by all of the rules and regulations. Fail to abide by the rules? The designated authorities can take away your license and restrict or prohibit you from driving.
The Criminal Code change ends any debate about the issue. The government writes the rules and they simply came down on one side of the argument with a clear statement: driving is a priviledge.
The Government owns your DL
The physical license issued to you by Driver Services is not your property. Take a look at the back of the license itself and it says right at the top “This card remains the property of the issuing agency and must be surrendered upon request.” The issuing agency is the B.C. government. Police officers, acting in accordance with their duties in law, represent the B.C. government right there at the roadside. In other words, if you are found driving a vehicle – stopped by the police, when they ask you for your license you must present it to them because the government owns it, you do not own it, and the police are acting on behalf of the government.
An obligation written into law
For clarity on the obligation to produce your driver’s license, the province includes the duty in the Motor Vehicle Act, where it states (paraphrased for simplicity):
s.33(1) Every person must… have his or her driver’s licence… issued for the motor vehicle he or she is driving or operating… and must produce the licence… on demand of a peace officer.
Presenting your license at a DUI checkpoint
If you pull up to a DUI roadblock, you must stop. You are required to in law. The police need to make clear why you are stopped. Sometimes the signage makes it clear. Sometimes the officer will tell you they are checking for drinking drivers. Sometimes the officer may ask the driver if they have been drinking. In most cases, the signs or the discussion will convey the information necessary to comply with section 10(a) of the Charter of Rights – the obligation to inform the person of the reason for the detention.
At that point the officer may ask to see your driver’s license. At any point if you are behind the wheel, you are obligated to present it pursuant to section 33(1) of the Motor Vehicle Act.
The officer may then ask you to state your name and address. You are obligated to comply by stating your name and address pursuant to section 73(2) of the Motor Vehicle Act. If they want to be real sticklers, they can ask you to state the name and address of the registered owner of the vehicle if it is someone else.
Providing your license and stating the names and addresses of yourself and the registered owner are where your identification obligations and the obligation to speak ends.
From that point, your right to silence kicks in and our advice is to remain silent. If asked to exit your vehicle, do so. If asked to provide a breath sample, you must do so. If asked any questions during this process, our advice is to remain silent.
It is your right and you have no obligation to speak to the police beyond the duty to identify yourself as described above.
You must present your license and meet your duties
In summary, you must present your driver’s license if asked at any traffic stop, including a DUI checkpoint in BC. If asked, you must state your name and address and if asked, the name and address of the registered owner. From that point on you have a right to silence. You must follow instructions, but it is your right not to speak and not to answer any questions or offer any further information.