‘I demand you provide a sample’: Barrie man ordered to give breath sample at home after driving complaint

A video showing police arriving at a Barrie home and demanding a man provide a breath sample is raising questions about just how far the long arm of the law can extend.

In the video posted to TikTok by Micah Colbert, Barrie police arrive at his family’s home, informing Colbert, aged 20, that they’ve received a traffic complaint from the Ontario Provincial Police (OPP) “advising of a possible impairment.”

“You were swerving in and out of lanes, so now I’m here to administer an alcohol screening device,” the officer explains. “Right now I demand that you provide a sample of your breath into an approved screening device.”

“I understand,” Colbert replies, after which the officer demonstrates how to use the device.

“Blow it up just like you’re blowing up a balloon,” the officer explains.

Colbert never seems to question the request, but does speak up when he notices more officers arriving at the home.

“Do you guys actually need backup for this?” he asks while his mother looks on.

“We roll in pairs,” the officer retorts.

But Colbert presses him further.

“No offence, I just want to know like, do you guys need all these people here?”

The officer then tries to explain the necessity of multiple officers, saying that for impaired calls things can sometimes “go squirrely.”

“Imagine if you were impaired, some people don’t want to get arrested — it would be a big fight.”

Colbert then blows into the device, which spits out a reading showing a zero alcohol level.

The encounter ends with a handshake and some niceties.

“I’m not sure where the complaint came from,” the officer explains before leaving. “Maybe you were on the phone, maybe you looked down. I don’t know but I’m satisfied that there’s no impairment here, so I appreciate you being so cooperative and helpful.”

Barrie Police confirmed that the breath request took place on Saturday night, shortly after 7 p.m.

“Traffic and road safety is a priority of the Barrie Police Service and when a report of impaired driving is received, it is taken very seriously,” Barrie police told CityNews.

“Our investigations utilize various investigative techniques which can include attending a residence for the necessary follow up.”

Can police demand a sample at your home?

Many online questioned whether police had the right to request the breath sample, with others wondering if a failed test could stand up in court, as it would be difficult to prove when the alcohol was actually consumed.

CityNews spoke to Colbert, who had similar questions and concerns, despite his cordial nature with police.

“If you already got back home, how could you even prove that I was drinking alcohol? And furthermore if you didn’t pull me over directly, how do you know I was driving that car?”

In 2018, new tougher impaired driving laws went into effect across the country that give police wider scope to demand breath tests — in some cases, up to two hours after a person has been driving.

At the same time, the federal government’s website states that “Mandatory Alcohol Screening (MAS) can only be used if the driver is operating a vehicle, the vehicle has been lawfully stopped, and if the police officer has the approved screening device at hand. It does not apply when drivers have returned home or arrived at their destination.”

While Colbert said he didn’t consider refusing the test, if he did refuse, he could have potentially faced a stiff fine.

According to the Criminal Code, anyone who refuses to give a breath sample could receive the same penalties as someone found guilty of impaired driving — a minimum $2,000 fine, their vehicle impounded for seven days and a 90 day licence suspension.

Colbert said he was unsure if police could demand a sample 20 minutes after he had stopped driving, but said he went along with the request to avoid conflict.

“I’m not going to argue with them,” he said. “I know I have rights here and there … but my whole mindset was, ‘I know it’s going to come back zero, you might as well record it …let’s just roll with it.’ ”

“I don’t have any animosity towards the cop or the police department,” he added.

“If you have nothing to hide, then there’s nothing to be really afraid of … If I can be calm, cool and collected and outgoing, everything will be OK and everything was OK.”

But not everyone agreed with his laid-back attitude.

Many feel the case is an example of the gradual erosion of privacy and rights, with some even concerned that it could be used maliciously.

Wow. Anyone can call and they come to your home. It’s going to get worse. One little step at a time your freedom exits.

— ladycourt (@ladycourt33) March 20, 2023

This is how your rights are slowly eroded away. Most people would probably just “comply” rather than bother with the headache of possibly getting arrested, hiring a lawyer and going to court.

— That Guy (@Hey_iAmThatGuy) March 21, 2023

See neighbor enter home with bottle of booze.
hate that neighbor.
Wait an hour.
“yes officer they just pulled in and exited the car stumbling with an open bottle of alcohol.”

— Fonzy (@FonzyLopez1) March 20, 2023

I agree with them trying to prevent, stop, end DWI. But this is not the way. Anonymous complaint mechanism is a weapon in the hands of some people.

— Special Master (@Jason_Duheme) March 20, 2023

It was a “law” passed that they can do this, the legality of it becomes a problem, you may have just gotten back from work, sit down, have a beer at home and the opp can come, give you a bretalyzer and you’d fail, but you had nothing while driving. Welcome to dystopia.

— Darrin