Mandatory Alcohol Screening - Intoximeters Alco-Sensor FST Operator's Manual

Alco‐Sensor FST®
3.4 Mandatory Alcohol Screening
Section 320.27(2) of the Criminal Code provides peace officers the authority to demand
samples of breath for analysis by an ASD without first requiring them to have reasonable
grounds to suspect the subject has consumed alcohol. The peace officer needs to be in
possession of an ASD, and must be dealing with the driver of a motor vehicle in "the course of
the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or
arising at common law." This Section also requires the subject to accompany the peace officer
for this purpose.
While this Section does provide sweeping authority to demand a sample for analysis by an ASD,
if the peace officer is able to demonstrate reasonable grounds to suspect the driver has
consumed alcohol, it remains more appropriate to rely on 320.27(1)(b) than this authority, and
for the peace officer to make notes of their observations accordingly. In the event a peace
officer does rely upon the Mandatory Alcohol Screening authority to demand a breath sample,
comprehensive notes are to be made, including the reason for the original detention, and any
other potential indicia the officer observes that, while not rising to the point of "reasonable
grounds to suspect", may suggest the consumption of alcohol or other intoxicants.
ASD demands must be made "immediately" and without any delay. The officer must read the
ASD demand verbatim as soon as practicable.
In accordance with the provisions of the Criminal Code and in the lawful execution of my duty, you are required to
provide a sample of your breath into an approved screening device when operating a motor vehicle. I hereby
demand that you provide a sample of your breath, immediately, suitable for analysis using an approved screening
device and to accompany me for the purpose of enabling such samples to be taken. Do you understand?
Alco‐Sensor FST® Operator's Manual
Mandatory alcohol screening
(2) If a peace officer has in his or her possession an approved
screening device, the peace officer may, in the
course of the lawful exercise of powers under an Act of
Parliament or an Act of a provincial legislature or arising
at common law, by demand, require the person who is
operating a motor vehicle to immediately provide the
samples of breath that, in the peace officer's opinion, are
necessary to enable a proper analysis to be made by
means of that device and to accompany the peace officer
for that purpose.
Approved Screening Device (ASD) DEMAND
(Mandatory Alcohol Screening) 320.27 (2)
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