Intoximeters Alco-Sensor FST Operator's Manual page 14

approved for use. For court purposes, the operator must know exactly which device and model was used
and should always state that it was an "Approved Screening Device".
The sections dealing with ASD demands are listed below:
Section 320.27(1)(b) – to immediately provide samples of breath into ASD , if police officer has
reasonable suspicion that the suspect has alcohol in their body.
This section 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 motor vehicle or had the care or control of a motor vehicle.
This section also grants the police the power to detain and ask the suspect to accompany him for the
purposes of administering the test. This does authorize you to remove the accused from the vehicle or
move a short distance if the testing or safety demands it. But since ASD tests must be performed
immediately this does not normally authorize you removing the suspect from the location where you
formed the reasonable suspicion.
Timing is critical and the officer must make the demand immediately and administer the test without any
avoidable delay. Failure to expedite the tests or explain delays will often lead to a charter breach.
Section 320.27(2) - officer has in their possession an ASD and is in the lawful execution of their duty can
demand a breath sample into an ASD from the person operating a motor vehicle without any suspicion of
alcohol consumption.
This section gives officer's the authority to demand a breath sample for analysis by an ASD without any
reasonable grounds to suspect that a person has alcohol in their body. The peace officer must have an
ASD in their possession, they must be in the lawful execution of their duty and the person must be
operating a motor vehicle. This is known as Mandatory Alcohol Screening.
This must be conducted in the least intrusive manner and with expediency. In most cases, the driver
should not be removed from their vehicle in order for MAS to be conducted. If the driver must be
removed from their vehicle in order to conduct MAS, there must be good reason and justification for
doing so. Merely stating the reason for removal is due to officer safety without an articulated reasonable
belief to fear for officer safety may lead to a charter breach.
MAS must be used as widely as possible. If the officer has an ASD in their possession, MAS should be
used whenever operationally practical.
Timing is critical and the officer must make the demand and administer the test without any avoidable
delay. Failure to expedite the tests or explain delays will often lead to a charter breach.
Section 320.28(1)(a)(i) - the demand section for a breath sample into an approved instrument (e.g.
Intoxilyzer 5000C or Intox EC/IR II).
Before this demand is made, there must be reasonable grounds to believe a person has committed an
offence under Section 320.14(1)(a), 320.14(1)(b) or 320.14(1)(d) within the last three hours. It is here that
A -S FST®
LCO ENSOR
-14-
'
O M
PERATOR S ANUAL