What is it?
Until the Immediate Roadside Prohibition laws were introduced in British Columbia last year, the Approved Screening Device, which many people simply refer to as the roadside breath tester, was intended to provide a quick and easy way for the police to assess a driver’s sobriety without detaining them for a lengthy investigation.
The only ASD commonly used at this time in BC is the Alco-Sensor IV, a device produced by Intoximeters of Saint Louis. The versions sold to Canadian police departments have simplified software to make it easier for Canadian police officers to understand the results. The “Alco-Sensor IV DWF Screener” used in British Columbia indicates “Warn” between 60mg and 99mg in 100ml (up from 50mg as of November 2010) and “Fail” if over 100mg in 100ml. Below 59mg it displays the actual BAC.
How it works
Alcohol from the sample of breath is oxidized becoming acetic acid, then generating an electrical current which is measured and interpreted by the internal software. The results are displayed on a LED readout.
Is it accurate?
The RCMP maintains that there is an error factor of +/- 10mg% inherent in the device. However, our office has reviewed records from Freedom of Information requests that indicate that the ASD can be out by as much as 100mg%. In one detachment, an ASD gave a fail reading when a police officer blew into it. The officer had no alcohol in his body.
We have seen other records where the device was out by as much as 29mg% at the time it was calibrated. In addition to calibration, the units need annual servicing, and regular maintenance. Our records indicate there are several ASDs that have been sent back for service for a defective mouthpiece (which may lead to a refusal charge), temperature problems, fuel cell replacement, eprom socket defects, and more. In short, the device is not fallible. Like any other piece of machinery, it is prone to error.
Until recently, ASDs were calibrated every 14 days. This has now been changed to every 30 days. However, a recent study by Michael Rosland and Ronald Pon suggests that 30 days may be too long a period for ASDs to maintain calibration. The authors of the study tracked 36 devices from the Burnaby RCMP and the Vancouver Police Department for a period of eight weeks after calibration. After 14 days, 6% of the devices were no longer properly calibrated. After 21 days, 10% had lost calibration. And after 28 days, 12% were outside the acceptable range. The numbers increase from there.
What does this mean?
Potentially, 12% of individuals who have been issued IRPs from the Burnaby and Vancouver Police Departments are innocent. Given the other problems that we have observed through our Freedom of Information disclosure, this number may be even higher. There is no way of knowing for sure. This is why it is important to have a lawyer review your IRP evidence and determine if there may be a technical argument that can be made about the device.
If you received an Immediate Roadside Prohibition, call our offices immediately. You have only 7 days to file an application for review. We are available 24/7 to take your call. 604-685-8889