Dealing With The Subject - Intoximeters Alco-Sensor FST Operator's Manual

Alco‐Sensor FST®
3.2 Dealing with the Subject
Section 320.27(1)(b) of the Criminal Code gives the peace officer the authority to demand a
breath sample for analysis by an ASD on reasonable grounds to suspect that a person has
alcohol in their body and that the person has, within the preceding three hours, operated a
conveyance.
Section 320.27 also grants the officer the power to detain and ask the subject to accompany
him/her for the purposes of administering the test. This authorizes the officer to remove the
accused from the vehicle or move a short distance, if required for testing or safety reasons.
Timing is critical and the officer must make the demand promptly and administer the test
without any avoidable delay. Failure to expedite the tests or explain delays will often lead to a
Charter breach. Any delay in performing the ASD test must be explained to the subject. If a
demand is made but the arrival of the ASD is delayed a right to counsel may arise and the driver
should be informed of this right and given a reasonable opportunity to exercise this right. A
general threshold for this time frame is fifteen minutes, but situational factors may further
impact it.
ASD demands must be made "immediately" and without any delay. As soon as an officer has
reasonable grounds to suspect alcohol being present in the subject's body, the officer must
read the ASD demand verbatim as soon as practicable.
I have reasonable grounds to suspect that you have, within the preceding three hours, operated a conveyance
(namely (pick one) a motor vehicle, a vessel, an aircraft or railway equipment) with alcohol in your body. In
accordance with the provisions of the Criminal Code, 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?
There is no right to counsel prior to providing a breath sample into an ASD. Compliance with an
ASD demand is considered a detention. However, it has been deemed a reasonable detention
in the interest of public safety. The test is to be conducted as soon as practicable and any
delays must be explained to the subject.
The full and proper name of the ASD you are using (Alco‐Sensor FST®) as well as the serial
number of the device should be recorded in your notes.
Alco‐Sensor FST® Operator's Manual
Approved Screening Device (ASD) DEMAND
(Suspicion of Alcohol in Body) 320.27 (1) (b)
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Operator's Manual
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