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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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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.< | <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.</p> | ||
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<strong>ASD settings account for inaccuracy</strong>—the ASD tests for alcohol in your body. The model currently used in BC shows the estimated blood-alcohol concentration figure when the sample has under 60 milligrams in 100 milliliters of blood. It shows ”Warn” for blood-alcohol levels between 60 and 100 milligrams of alcohol in 100 milliliters of blood (the legal range for Warn is 50 to 80). And it shows “Fail” for 100 milligrams or higher (the legal limit for Fail is 80). In other words, the ASD allows more than the legal limits to reduce the risk that inaccurate readings will penalize drivers who are at or near the limits.</p> | <p><strong>ASD settings account for inaccuracy</strong>—the ASD tests for alcohol in your body. The model currently used in BC shows the estimated blood-alcohol concentration figure when the sample has under 60 milligrams in 100 milliliters of blood. It shows ”Warn” for blood-alcohol levels between 60 and 100 milligrams of alcohol in 100 milliliters of blood (the legal range for Warn is 50 to 80). And it shows “Fail” for 100 milligrams or higher (the legal limit for Fail is 80). In other words, the ASD allows more than the legal limits to reduce the risk that inaccurate readings will penalize drivers who are at or near the limits.</p> | ||
<p>The legal limit under the <em>Criminal Code</em> is 80 milligrams, called .08. The legal limit under the BC <em>Motor Vehicle Act</em> is 50 milligrams, called .05. But if the ASD shows a blood-alcohol concentration below 60 (rather than 50), the police will probably let you leave. If the ASD shows Warn, the police will probably give you an IRP. If the ASD shows Fail, the police may give you an IRP. Or they demand you take an evidentiary breathalyzer test as part of a criminal investigation.</p> | <p>The legal limit under the <em>Criminal Code</em> is 80 milligrams, called .08. The legal limit under the BC <em>Motor Vehicle Act</em> is 50 milligrams, called .05. But if the ASD shows a blood-alcohol concentration below 60 (rather than 50), the police will probably let you leave. If the ASD shows Warn, the police will probably give you an IRP. If the ASD shows Fail, the police may give you an IRP. Or they demand you take an evidentiary breathalyzer test as part of a criminal investigation.</p> | ||
