Well, I can't say he had the right to be protected from it. Again, it would be up to the investigating officer to ascertain if in fact there are some indicators a person may be impaired. If that were the case, then an investigation would commence to see if in fact the person was impaired.
Oftentimes, especially in the case of a crash where the driver is injured, we can go back to the hospital records to check the samples that they took and in fact get a warrant to get them tested for alcohol or drugs. With the legislation in Canada, we still have to have some grounds to demand that or to follow through to investigation.