Response To Subject Sample Results; Asd Refusals - Intoximeters Alco-Sensor FST Operator's Manual

Alco‐Sensor FST®
Operator's Manual
PROTECTED A
5.0 Response to Subject Sample Results
Responses to subject sample results will depend on provincial legislation.
5.1 ASD Refusals
For unequivocal refusals, record in your notes the words of the subject indicating the refusal. If
a driver is indecisive in a refusal and says something like; "yeah, I guess I won't blow", you
should press for a clear refusal and a response like; "no, I will not blow".
For equivocal refusals where a driver pretends to comply in providing a breath sample but does
not blow long enough or hard enough to cause sample acceptance, you must document why
you concluded the subject was refusing. You should record in your notes some of the details of
the refusal such as how many times the driver attempted to blow, if the cheeks puffed out, if
air blew around the mouthpiece, and the display messages for the device while the subject was
blowing. It may be necessary to demonstrate to the subject how to provide a proper sample
into the ASD and to ask if the instructions have been understood. You may have to explain to
the subject several times and in different ways how to provide a proper sample.
If a driver demands to speak to a lawyer before blowing, do not declare a refusal until after you
advise there is no right to a lawyer before the test, and non‐compliance will result in a refusal
charge. You should explain to the driver the jeopardy faced by failing or refusing to provide a
suitable sample, such as "You may be charged with a criminal offence which carries the same
penalties as an impaired driving conviction, and which may include losing your license for a year
or more, and significant financial penalties and possible jail time".
In refusal cases, it is a good practice to visually inspect the mouthpieces for obstructions after
they have been used and to retain them as evidence.
After an equivocal refusal, insert a new mouthpiece into the ASD and provide a sample yourself
to demonstrate the device is capable of accepting a breath sample. Record this information in
your notes and report it in the RCC or IRP.
ASD refusals are to be handled via the IRP Refusal Process or the Criminal Code process, which
will include issuing a 24 hour prohibition (Section 215 BC Motor Vehicle Act (MVA)) and an
Administrative Driving Prohibition (Section 94.1 MVA), and an Appearance Notice.
Alco‐Sensor FST® Operator's Manual
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