Dui investigation missteps possibly violating charter rights

Hey I have a question about my rights potentially being violated during a dui investigation. I was driving and was in an accident involving parked vehicles. Ems and police attended the scene. At the scene I failed a breath screening test and was arrested for driving under the influence, and later on at the hospital he changed it to dui causing bodily harm, even though he didn’t know the condition of my passenger. After arriving at the hospital I asked to drink some water as I was dehydrated, he refused. I waited more then 3 hours for a doctor to check me out, asking several times for a drink of water and each time being denyed. Approximately after 2 hours of waiting it became unbearable and I requested to be brought to the station to have a breath test done so I would then be allowed to drink water He was not willing to do this. Eventually after being looked at I had 2 vials of blood drawn, I am not currently facing charges, the officer said to expect the results of the blood test back in a few months. I believe charges will be filed. My question is was my right to be treated humanely violated for not allowing a dehydrated man to have water? From what I have gathered drinking water doesn’t diminish the bac in persons body or only by a very miniscule amount. I think he was either vastly misinformed or held such distain for me that he felt I did not deserve to do drink water. Could his actions result in my charges being dismissed before trial? Appreciate any and all advice.

Asked 4 months ago in Alberta
Categories: Malpractice  DUI  Human Rights  Criminal Law

Answer Now


All “he” is reffering to the officer who remain with me through the night. My blood was drawn about 4.5 hours after the accident. So they will have to rely on an expert to extrapolate the data and give an estimate at what I was at. This is not good for me because I had a drink 10 minutes before the accident, it had been more then 2 hours since the previous drink. My bac would have continued rising for some time before falling giving the impression that I was more influenced then I actually was. At the time of the crash my motor functions were unimpaired and I was very coherent and not having any issues walking or finding my documents.

Posted 4 months ago

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