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Difference between revisions of "Impaired Driving"
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→b. Take an evidentiary breathalyzer test
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
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<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 justice of the peace.</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 justice of the peace.</p> | ||
====Things you don’t have to do and should probably never do==== | |||
You don’t have to tell the police whether you drank or how much you drank. You should not discuss with the police what you were doing before they stopped you. You should not speak to the police about your case. Later, at your trial, the court cannot use your refusal to speak with the police as evidence against you. You have a right to be silent. | You don’t have to tell the police whether you drank or how much you drank. You should not discuss with the police what you were doing before they stopped you. You should not speak to the police about your case. Later, at your trial, the court cannot use your refusal to speak with the police as evidence against you. You have a right to be silent. | ||
====Summary of what you must do==== | |||
If the police demand it, you must: | If the police demand it, you must: | ||
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<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.</p> | ||
====What is a reasonable excuse to refuse to blow into an ASD, or give breath or blood samples?==== | |||
Generally, it is better to genuinely try to provide proper breath samples if the police demand you do so. You have a legal duty to make genuine attempts to provide suitable breath samples. And making genuine attempts to blow that do not work is not an offence.<strong> </strong>Courts are strict about what a reasonable excuse is. For example, you may have a reasonable excuse to refuse an evidentiary breathalyzer demand if the police don’t let you speak privately to a lawyer first. But you must assert or claim your right to a lawyer. This means that when the police tell you your rights under the <em>Charter</em>, you must say you want to use, or exercise, those rights and speak to a lawyer. The legal issues are complicated and the best suggestion is this: if the police demand you take a breathalyzer test, talk to a lawyer before doing so. Then, follow the lawyer’s advice. | Generally, it is better to genuinely try to provide proper breath samples if the police demand you do so. You have a legal duty to make genuine attempts to provide suitable breath samples. And making genuine attempts to blow that do not work is not an offence.<strong> </strong>Courts are strict about what a reasonable excuse is. For example, you may have a reasonable excuse to refuse an evidentiary breathalyzer demand if the police don’t let you speak privately to a lawyer first. But you must assert or claim your right to a lawyer. This means that when the police tell you your rights under the <em>Charter</em>, you must say you want to use, or exercise, those rights and speak to a lawyer. The legal issues are complicated and the best suggestion is this: if the police demand you take a breathalyzer test, talk to a lawyer before doing so. Then, follow the lawyer’s advice. | ||
====How does an Approved Instrument (an evidentiary breathalyzer) work?==== | |||
The Approved Instrument most commonly used in BC is an evidentiary breathalyzer. The procedures for using Approved Instruments are designed to obtain scientifically and legally valid breath tests. Approved Instruments used in Canada test themselves before and after each breath test. They produce a printout of the estimated blood alcohol concentration to be used as evidence in court. In BC, Approved Instruments are usually located only in designated rooms in police stations. | The Approved Instrument most commonly used in BC is an evidentiary breathalyzer. The procedures for using Approved Instruments are designed to obtain scientifically and legally valid breath tests. Approved Instruments used in Canada test themselves before and after each breath test. They produce a printout of the estimated blood alcohol concentration to be used as evidence in court. In BC, Approved Instruments are usually located only in designated rooms in police stations. | ||
<p>An Approved Instrument captures a tiny bit of breath toward the end of the blowing sequence to measure the concentration of alcohol in your breath. Alcohol in the breath sample condenses on a small metal surface. The alcohol generates an electrical current, which a computer in the breathalyzer measures. The computer calculates an estimated blood-alcohol concentration based on the estimated breath-alcohol concentration. It reports the results in milligrams per 100 milliliters. If you have over 80 milligrams (called “over .08”) you are legally too drunk to drive, and can be convicted of a criminal offence.</p> | <p>An Approved Instrument captures a tiny bit of breath toward the end of the blowing sequence to measure the concentration of alcohol in your breath. Alcohol in the breath sample condenses on a small metal surface. The alcohol generates an electrical current, which a computer in the breathalyzer measures. The computer calculates an estimated blood-alcohol concentration based on the estimated breath-alcohol concentration. It reports the results in milligrams per 100 milliliters. If you have over 80 milligrams (called “over .08”) you are legally too drunk to drive, and can be convicted of a criminal offence.</p> | ||