Impaired driving is the leading cause of criminal death in Canada. With over 1000 deaths, (twice as many
as all homicides combined) and well over 60,000 injuries it is the single most prevalent and costly crime
in our society. However, this is a preventable tragedy and the key to success is ensuring our response to
impaired driving is swift, certain and significant.
The nature of alcohol impairment presents serious challenges. The first is that individuals have a wide
range of tolerance and detecting a person whose ability to operate a motor vehicle is impaired is easier
said than done. In a study conducted in Florida, senior and motivated officers missed 2/3 of all impaired
drivers at a Checkstop. Since police have a brief observation period and limited interaction with the
subject, discovering impaired drivers is very challenging,
This is why the Approved Screening Device ("ASD") was created. The ASD gives police a scientific and
reliable method for quickly determining, with certainty, whether a person is impaired.
In order to use an ASD lawfully an officer must comply with either section 320.27(1)(b) or (2) of the
Criminal Code of Canada. An ASD demand may be made when the officer:
For Mandatory Alcohol Screening 320.27(2):
Has in his or her possession an approved screening device and is in the lawful execution of his or
her duty.
and
The person is operating a motor vehicle.
For 320.27(1)(b):
Reasonable grounds to suspect that the person has alcohol in their body
and
The person has, within the preceding three hours, operated a conveyance (to drive a motor vehicle or
have care or control of it)
Reasonable grounds to suspect alcohol in the body can be formed when an officer smells alcohol coming
from the suspect's breath, when the suspect admits to recent alcohol consumption, or any other
combination of factors that reasonably support the suspicion. Mandatory Alcohol Screening requires no
suspicion of alcohol.
HOWEVER: an ASD must never be used if the officer already believes the suspect's ability to drive is
impaired by alcohol.
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