You blew two Fails. Was that a mistake?
WATCH: I’m gonna tell you about whether you should worry because you blew twice into a roadside breathalyzer.
Most people who have been issued an Immediate Roadside Prohibition blew twice into the breathalyzer. And in most cases, they blew two Fails.
And many people assume because they blew two Fails, they must be done for. This is simply not the case.
Sometimes if you blow twice that may be the thing that actually helps your case when it comes time for a hearing.
Should you worry because you blew two Fails?
The irony is that blowing two Fails as opposed to blowing one will occasionally provide the extra argument that helps us succeed in a client’s case. For example, if proper testing procedure isn’t followed in the second breathalyzer test, it may provide a defence that would not be available if the person only blew once.
So sometimes if you blow twice that may be the thing that actually helps your case when it comes time for a hearing.
The problem, of course, is that at the roadside you can’t know what will be the right decision.
Some people are angry at themselves for blowing twice because they assume that they voluntarily and accidentally helped the police tighten up their case.
In most situations blowing twice is not a decision you should regret.
It’s true that occasionally the second sample has been used by the RoadSafetyBC tribunal to correct a botched first sample. It is more common, however, that the second breathalyzer Fail is either irrelevant or it helps your case.
Our forensic examination of the evidence
For us it’s a forensic exercise. We get a copy of the police evidence and we scrutinize it. We run it through our systems and we do our best to identify a defence that may succeed at the appeal hearing before the RoadSafetyBC tribunal.
Our lawyers have completed the manufacturer’s training to operate the roadside breathalyzers and we have the devices in our office. We’ve got the right expertise to identify when the police have made a procedural error.
If you get an immediate driving prohibition for drinking and driving, it may be one of the most traumatic moments of your life. Don’t be angry at yourself just because you blew two Fails. Blowing twice might be just the thing that causes your IRP to be revoked at the review hearing.
If you want us to handle your IRP review, you just need to call us. We have three offices in the Lower Mainland, one in Victoria and we serve the entire province of British Columbia.
We have successfully defended more IRPs than any other law firm and we’ll do our best to help you with yours. You can call us now and we’ll talk to you about your case.