Your Rights at a BC Police Roadblock or DUI Checkpoint (2026)

Roadblocks are a tool commonly used by the police in Canada to detect traffic infractions and alcohol violations on a large scale. In most cases, drivers will see roadblocks set up on major roads on holiday weekends or late at night around the time when bars begin to close. The roadblocks are a legal means of police traffic control, but they can become a legal problem for motorists who do not understand their rights when questioned by the police.

The experience of most motorists at roadblocks includes merely an identification, registration, and insurance check. However, depending on the circumstances, the police have the authority to ask additional questions. For example, if the police suspect that the driver is intoxicated, they may ask whether the driver has consumed any alcohol. Similarly, if the police smell marijuana, they may ask about the presence of narcotics in the vehicle. Confrontations with police like these at roadblocks can quickly escalate to an arrest if you do not understand your rights. This article seeks to shed some light on both the extent of actual police power at roadblocks and your rights as a driver when questioned.

The Legal Authority for Roadblocks in British Columbia

The Motor Vehicle Act is a law that governs the regulation and punishment of traffic offenses in Canada. In addition to stating the laws related to traffic offenses, however, it also grants the police authority to set up roadblocks to screen for illegal activity. This authority has been considerably constrained by the Supreme Court of Canada. The Supreme Court has ruled that police authority is limited to asking for license, registration, and insurance information at roadblocks unless the police suspect ongoing criminal activity. In the most famous case involving roadblocks, R v. Mellenthin, the Supreme Court of Canada ruled that unless there are further reasonable and probable grounds to suspect a crime, officers at roadblocks should only check for:

• sobriety;
• licensure;
• ownership;
• insurance; and
• the mechanical fitness of the vehicle.

Rights at a Roadblock: the Right to Remain Silent

As the Supreme Court of Canada has constrained the police’s authority at roadblocks, all motorists have certain rights when dealing with police in the context of a roadblock. The most important of those rights is the right to remain silent and not answer any questions that you do not have to answer. As explained above, the police are only legally allowed to ask questions about five different topics unless they suspect some other ongoing criminal activity. Therefore, you should feel comfortable not answering any other questions asked by the police at a roadblock.

That said, most police questions are well-intentioned, and there is certainly nothing wrong with having a friendly chat with a roadblock police officer. The important thing to remember is that you can stay silent if you feel that you need to do so.

Police Suspicions and Roadblock Encounter Escalations

There are many different ways that police officers at a roadblock can begin to suspect criminal activity. For example, a police officer could smell fragrant narcotics like marijuana or the officer could spot contraband by looking through your vehicle windows. If police suspect ongoing criminal activity, they are allowed to ask additional questions and pursue a criminal investigation. That said, there are legal rules that govern these additional police searches, and when police do not follow those rules, you can challenge any legal action taken against you.

The most common violations of the rights of motorists occur where the police begin a full investigation despite having only a mere suspicion of wrongdoing. While a mere suspicion allows the police to ask additional questions, it does not allow the police to either search the vehicle or search the motorist. In other cases, evidence gathered at roadblocks can be suppressed in court if the roadblock was improperly set up.

Avoiding the Roadblock or Fleeing from the Roadblock

Generally, speaking, it is not a good idea to avoid or flee from a roadblock if you have nothing to hide. That said, regardless of your reasons for choosing to do so, you are generally allowed to avoid a police roadblock by turning down side streets. If you are already approaching a roadblock, however, it is not a good idea to take sudden evasive maneuvers such as making a U-turn to avoid the roadblock. It is always illegal to flee from a police roadblock once you have been stopped by the police.

ASD Demand at a Roadblock: What Police Need

The most consequential thing that can happen at a BC roadblock is an Approved Screening Device demand. Section 320.27(1)(b) of the Criminal Code authorizes a peace officer to demand a breath sample on an Approved Screening Device when the officer has reasonable suspicion that the driver has alcohol in their body. Section 320.27(2) goes further and permits a mandatory ASD demand without any suspicion at all, provided the officer has the device with them. The mandatory demand framework was added by Bill C-46 in 2018 and has changed the dynamics at roadside stops significantly.

What this means in practice is that the officer does not necessarily need a specific suspicion to demand a breath sample under the current law. The Drager Alcotest 5000 or Drager Alcotest 7510 used by Vernon RCMP and Kelowna RCMP can be deployed mandatorily. The Charter compliance of the mandatory ASD regime has been litigated and upheld in several provincial appellate courts.

If the officer makes a lawful demand, the driver must comply. Refusing to provide a breath sample on a lawful ASD demand is itself a Criminal Code offence under Section 320.15 and carries the same penalties as an over 80 conviction. The defence position is rarely “you should have refused” because that path leads to the same outcome through a different door. The defence position is usually that the demand was not lawful, the device was not properly calibrated, the procedure was not followed, or the driver’s Charter rights were violated.

Refusing to Cooperate vs Refusing to Provide a Sample

People sometimes conflate the right to silence with the right to refuse a breath sample. They are different things with very different consequences.

The right to silence under Section 7 of the Charter protects a person from being compelled to answer questions that might incriminate them. At a roadblock, that means you do not have to answer questions like “how much have you had to drink tonight” or “where are you coming from.” Silence on those questions carries no criminal penalty.

A lawful ASD demand is not the same kind of thing. Once a peace officer makes a valid demand under Section 320.27, the driver has a legal obligation to provide a sample. Failure or refusal to provide a sample is the offence in Section 320.15. The penalty is identical to an over 80 conviction: mandatory minimum $1,000 fine, mandatory minimum 1-year driving prohibition, a criminal record, mandatory enrolment in the Responsible Driver Program, and the ICBC Driver Risk Premium.

The line to remember is this. You can stay quiet about your evening. You cannot stay quiet about your breath sample.

What to Do If You Are Charged at a Roadblock

If a roadblock stop in Vernon, Kelowna, Penticton, or anywhere across the Okanagan ended with you being charged, several things happen in a short window of time.

You will likely receive an Immediate Roadside Prohibition. Even where Crown lays a criminal charge, the officer also typically issues an IRP under the Motor Vehicle Act. That is an administrative penalty separate from the criminal charge. The IRP has a 7-day appeal window with RoadSafetyBC. The criminal file moves on its own timeline through the Vernon Law Courts or Kelowna Law Courts. See our IRP defence page for more on the administrative track.

You should not make a statement to police. Anything you say from the roadside stop onward is potential evidence. The right to silence applies. Speak with a defence lawyer before you give any account of what happened.

Defence work starts with the disclosure. Every roadblock charge in BC produces disclosure that includes the officer’s notes, the dispatch records, video where available, the ASD calibration logs, the breath certificate from the evidentiary instrument (if any), and the Report to Superintendent. Charter issues at the roadside (arbitrary detention, Section 9; right to counsel, Section 10(b); unreasonable search, Section 8) are identified from that disclosure.

The early call matters. The 7-day IRP window does not wait for the criminal file to mature. If both tracks are running, both need defence work in parallel.