Lawfully Administer The Alco-Sensor Fst; Stopping The Subject - Intoximeters Alco-Sensor FST Operator's Manual

Alco‐Sensor FST®
3.0 Lawfully Administer the Alco‐Sensor FST®
3.1 Stopping the Subject
Police may stop a driver to check the license, registration, insurance, mechanical condition of
the vehicle, or to check the sobriety of the driver. An ASD is an important tool police can use to
help evaluate driver sobriety.
In order to use an ASD lawfully an officer must comply with section 320.27 of the Criminal Code.
An ASD demand may be made when the officer has reasonable grounds to suspect that the
person has alcohol in their body and the person has been operating a conveyance within the
preceding three hours.
Reasonable suspicion may be formed when: an officer smells alcohol coming from the subject's
breath, the subject admits to recent alcohol consumption, a witness observes the subject
Alco‐Sensor FST® Operator's Manual
320.27 (1) If a peace officer has reasonable grounds to
suspect that a person has alcohol or a drug in their body
and that the person has, within the preceding three
hours, operated a conveyance, the peace officer may, by
demand, require the person to comply with the requirements
of either or both of paragraphs (a) and (b) in the
case of alcohol or with the requirements of either or both
of paragraphs (a) and (c) in the case of a drug:
(a) to immediately perform the physical coordination
tests prescribed by regulation and to accompany the
peace officer for that purpose;
(b) 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 an approved
screening device and to accompany the peace officer
for that purpose;
(c) to immediately provide the samples of a bodily
substance that, in the peace officer's opinion, are necessary
to enable a proper analysis to be made by
means of approved drug screening equipment and to
accompany the peace officer for that purpose.
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