5,109
edits
Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
From Clicklaw Wikibooks
Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
Revision as of 00:37, 25 November 2018
, 00:37, 25 November 20182018 manual edits
(2018 manual edits) |
|||
| Line 3: | Line 3: | ||
==A. Approved Screening Devices== | ==A. Approved Screening Devices== | ||
Pursuant to s. 254(2) of the ''Criminal Code'', a peace officer may demand a breath sample into an Approved Screening Device (ASD) from a driver if the officer reasonably suspects that there is alcohol in the driver’s body and they have operated a motor vehicle within the | Pursuant to s. 254(2) of the ''Criminal Code'', a peace officer may demand a breath sample into an Approved Screening Device (ASD) from a driver if the officer reasonably suspects that there is alcohol in the driver’s body and they have operated a motor vehicle within the preceding 3 hours. This is permitted for both drivers who are operating a motor vehicle or have care or control of it. An ASD is different than a breathalyser device at the police station and it does not provide a numerical value for the readings of “warn” or “fail”. If the police do not administer the ASD right away, they may not be able to use the result's readings at trial. | ||
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 ''Motor Vehicle Act'' or under s | However, Bill C-46, received royal assent on June 21, 2018 and is coming into force and effect in October 2018 proposes to remove the “reasonably suspicion” requirement and allow police officers to demand breath samples from drivers at any time. | ||
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 ''Motor Vehicle Act'' or under s 254(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. | 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. | ||
