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Difference between revisions of "Impaired Driving"
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→a. Blow into an approved roadside-screening device or ASD
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====a. Blow into an approved roadside-screening device or ASD==== | ====a. Blow into an approved roadside-screening device or ASD==== | ||
If the police reasonably suspect that you have alcohol in your body, they may legally require, or demand, that you immediately give a breath sample by blowing into a hand-held breathalyzer, called an Approved Screening Device or <strong>ASD</strong>. If the police don’t do this right away, they may not be able to use your ASD results in a criminal trial (section 3 discusses criminal charges below). But a delay in requiring you to blow into an ASD does not affect a Warn or Fail reading on the ASD, which may lead to an immediate roadside prohibition, or <strong>IRP </strong>(section 2 discusses IRPs below). The police can use your ASD results to issue an IRP or to hold you for further investigation. | If the police reasonably suspect that you have alcohol in your body, they may legally require, or demand, that you immediately give a breath sample by blowing into a hand-held breathalyzer, called an Approved Screening Device or <strong>ASD</strong>. If the police don’t do this right away, they may not be able to use your ASD results in a criminal trial (section 3 discusses criminal charges below). But a delay in requiring you to blow into an ASD does not affect a Warn or Fail reading on the ASD, which may lead to an immediate roadside prohibition, or <strong>IRP </strong>(section 2 discusses IRPs below). The police can use your ASD results to issue an IRP or to hold you for further investigation. | ||
<p>The police are trained not to tell you that you have a <em>Charter</em> right, under section 10(b), to call a lawyer before they require you to blow into the ASD. And you don’t have the right to speak to a lawyer before you decide whether to blow or refuse—you have to decide right away whether you will blow. Refusing to blow or to provide a sample suitable for the ASD can lead to an IRP or a criminal charge.<br /> | <p>The police are trained not to tell you that you have a <em>Charter</em> right, under section 10(b), to call a lawyer before they require you to blow into the ASD. And you don’t have the right to speak to a lawyer before you decide whether to blow or refuse—you have to decide right away whether you will blow. Refusing to blow or to provide a sample suitable for the ASD can lead to an IRP or a criminal charge.<br /> | ||
