Your vehicle is towed if you fail a screening device or are arrested for impaired, the same as it can be towed if you get a ticket for driving an unregistered or uninsured vehicle or drive with a suspended/ no Drivers Licence. In all these cases the vehicle is removed before your trial. However, there has definitely been an investigation and there were reasonable grounds to charge you. As far as there being no recourse, if you look on the back of your seizure notice there are instructions for an appeal process which you may participate in to have costs/ your vehicle returned to you. You are afforded the right to go before a board and have a “trial” in relation to the vehicle seizure.
As far as your rights being eroded, you don’t have the right to drive on public highways. You have the privilege, that’s why you have to apply for a Licence and abide by the rules set out to use these roads. Those rules now include providing a breath sample to ensure you are not over the legal limit of alcohol. If you don’t like this inconvenience, you are free to walk wherever you are going and face no risk of being forced to provide a breath sample. This will also free you of the inconvenience of having to produce a drivers license, insurance or registration.
|