2,041
edits
Changes
no edit summary
{{LSLAP Manual TOC|expanded = motor}}
=== 1A. Approved Screening Device (ASD) and Breathalyzer ==Devices=
Before requiring the driver to provide a breath sample into an ASD, the peace officer does not have to inform the driver of their ''Charter'' right, under s 10(b), to call a lawyer. At this time, the driver does not have the right to speak to a lawyer before deciding whether to blow or refuse: the driver must decide right away. If the driver refuses, they will likely be issued a refusal to provide a breath sample under s 215.41(4) of the MVA Motor Vehicle Act or under s 253(5) of the ''Criminal Code''.
The ASD tests for alcohol in the body and it will show a numerical value for a blood alcohol content (“BAC”) under 50 milligrams of alcohol in 100 millilitres of blood (.05), “warn,” or “fail.” It shows a warn for blood-alcohol levels between 50 and 79 milligrams of alcohol in 100 millilitres of blood (.05), and a fail for levels of not less than 80 milligrams. No numerical values are given for a “warn” or a “fail” and it is impossible to determine the actual BAC of the driver.
In contrast, a breathalyzer breathalyser machine measures alcohol in the breath to see if the driver’s blood alcohol concentration is over the legal limit of .08. It is more accurate than the ASD and must be operated by a qualified technician. In practice, the breathalyzer breathalyser is no longer used, and the police rely solely on the ASD to to form the basis of issuing the driving prohibition.
In summary, if police demand a breath sample, the driver must comply with the breath demand into the ASD. The driver is legally compelled to provide a breath sample unless there is a reasonable excuse not to do so. Refusing without a reasonable excuse constitutes a separate offence.
=B. Provincial Alcohol Offences== 2. Exceeding The Motor Vehicle Act makes it an offence either to drive or to be in the care or control of a motor vehicle with a blood-alcohol reading in excess of 80 Milligrams milligrams of alcohol per 100 millilitres of blood (.08) ===. There is also a separate offences for driving or being in car or control of a vehicle with a blood-alcohol reading in excess of 50 milligrams of alcohol per 100 millilitres of blood (.05). Care or control of a vehicle means occupying the driver’s seat with access to the ignition key, even if the vehicle is parked.
=== 6. Twelve and 24-Hour Suspensions and 90-Day Driving Prohibitions ===