Difference between revisions of "Impaired Driving"
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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> | <p>Police can do the ASD test before you speak to a lawyer—contrary to Charter section 10(b)—because under section 1 of the Charter, it’s a reasonable limit prescribed by law. In other words, 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 to blow. Refusing to blow or to provide a sample suitable for the ASD can lead to an IRP or a criminal charge.</p> | ||
<p><strong>ASD settings account for inaccuracy</strong>—the ASD tests for alcohol in your | <p><strong>ASD settings account for some inaccuracy</strong>—the ASD tests for alcohol in your breath. 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 avoid penalizing drivers who are at or near the limits and to account for the ASD’s margin of error.</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. The police do not have to show you the ASD results. </p> | ||
====b. Take an evidentiary breathalyzer test==== | ====b. Take an evidentiary breathalyzer test==== | ||
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<p>If you cannot give a breath sample because of your physical condition, the police may require you to let a qualified medical practitioner or designated police officer take samples of your blood for analysis. You have the right to speak to a lawyer before giving a blood sample.</p> | <p>If you cannot give a breath sample because of your physical condition, the police may require you to let a qualified medical practitioner or designated police officer take samples of your blood for analysis. You have the right to speak to a lawyer before giving a blood sample.</p> | ||
<p>If you are unconscious, you can’t agree to give a sample. So the police must get a warrant to take samples, which they can get by phoning a | <p>If you are unconscious, you can’t agree to give a sample. So the police must get a warrant to take samples, which they can get by phoning a Judicial Justice or Judge.</p> | ||
====Things you don’t have to do and should probably never do==== | ====Things you don’t have to do and should probably never do==== | ||
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</ol> | </ol> | ||
<p>You must do these things unless you have a reasonable excuse not to. If you refuse to do them, you are committing an offence.</p> | <p>You must do these things unless you have a reasonable excuse not to. If you refuse to do them, you are committing an offence. You also do not have the right to give breath or blood samples instead of blowing into an ASD.</p> | ||
====What is a reasonable excuse to refuse to blow into an ASD, or give breath or blood samples?==== | ====What is a reasonable excuse to refuse to blow into an ASD, or give breath or blood samples?==== | ||
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====a. An <em>Immediate Roadside Prohibition</em> (IRP)==== | ====a. An <em>Immediate Roadside Prohibition</em> (IRP)==== | ||
You may be prohibited from driving and lose your vehicle immediately—under section 215 of the BC <em>Motor Vehicle Act</em> (available at [http://www.bclaws.ca www.bclaws.ca]). This can happen if you blow into an ASD and it shows a prohibited level of alcohol in your breath (a <strong>Warn</strong> or <strong>Fail</strong>, shown in the table below). In that case, the police will issue an <strong>IRP</strong>. | You may be prohibited from driving and lose your vehicle immediately—under [http://www.bclaws.ca/civix/document/id/complete/statreg/96318_07 section 215] of the BC <em>[http://www.bclaws.ca/civix/document/id/complete/statreg/96318_00 Motor Vehicle Act]</em> (available at [http://www.bclaws.ca www.bclaws.ca]). This can happen if you blow into an ASD and it shows a prohibited level of alcohol in your breath (a <strong>Warn</strong> or <strong>Fail</strong>, shown in the table below). In that case, the police will issue an <strong>IRP</strong>. | ||
<p><strong>How long do you lose your license and vehicle under an IRP</strong>—it depends on the ASD reading, as this table shows. If you are in the Warn range, then it will depend on your driving record, as the table also shows. You must also pay penalties and fees and participate in the Responsible Driver Program course and Ignition Interlock Program.</p> | <p><strong>How long do you lose your license and vehicle under an IRP</strong>—it depends on the ASD reading, as this table shows. If you are in the Warn range, then it will depend on your driving record, as the table also shows. You must also pay penalties and fees and participate in the Responsible Driver Program course and Ignition Interlock Program.</p> | ||