When the Federal Government announced the approved drug screening device for use by Canadian police during roadside screening in Criminal Code investigations was going to be the Dräger DrugTest 5000, we immediately shared our reservations. How did we have reservations in the first place? Simple. We had already done our research.
We spend a lot of time and money researching the technology used by police in impaired driving investigations so we can provide our clients with the best defence possible. In the ancient words of Sun Tzu, know your enemy. So by the time the announcement was made, we had already made ourselves familiar with the device. We already knew about its flaws and had a fairly good idea about why it’s not suitable for the Canadian legal system.
When we found out more details about the Dräger DrugTest 5000, it only helped to strengthen our resolve that the device’s deficiencies render it not fit for purpose.
The media get a first look at the Dräger DrugTest 5000
Acumen invests a lot of time and money into research. As soon as we heard Dräger was going to get the approval of the Canadian government, we went about obtaining one. We spent time getting to know the machine and how it will be operated. We could have kept these insights to ourselves and use them simply for the benefit of clients once the device starts being used by police after October 17. But we chose not to. Why did we do this? Because we believe it’s in the public’s best interest to know exactly what they’re up against.
Police agencies across Canada are now placing orders for the Dräger DrugTest 5000, which they expect to receive near the date of cannabis legalization. By that time it may be too late to educate people about how device’s flaws could violate their rights.
“We believe it’s just a matter of time before the Dräger DrugTest 5000 is found to be not fit for the needs of the Canadian legal system.”
That’s why we invited the media to a press conference at our Vancouver, BC, office to show how the device works. Journalists had the opportunity to check out the Dräger DrugTest 5000 for themselves. The event was organized and sponsored by Sweetgrass, a producer of premium cannabis based in Strathcona County, Alberta. Sweetgrass agreed to provide financial backing for testing with the Dräger DrugTest 5000 to provide a frame of reference for the elimination of THC in cannabis users’ bodies.
Sharing this with the media is an important step to get the word out about the device so people can make up their own minds about whether or not they think the device should be used.
Impact on Charter rights
When we got our hands on the Dräger DrugTest 5000, we tested it out and read the company’s guidelines for how it should be properly operated. In our opinion, the device’s very precise stipulations could lead to a constitutional challenge.
For one, the device’s own guidelines require an exceptionally long detention at the roadside so the test can be conducted. This includes swabbing inside someone’s mouth for four minutes. Surely this represents an unreasonable intrusion into our everyday lives and an unreasonable search and seizure contrary to s. 8 of the Charter?
Causes for concern
There are a number of things that concern us about the fact that the findings of the Dräger DrugTest 5000 will be used as part of criminal investigations. For one, it’s just not that accurate. The device has a false positive rate of around 12 to 15 percent. That means more than one in ten people tested using one of these devices could find themselves in a situation where they are falsely accused of drug-impaired driving.
Another issue with the device is that it is impossible to say conclusively that any particular food will not influence test results. In their own literature, Dräger concedes that it is impossible to know if any particular type of food will cause your body to then have in it an analyte that indicates a positive result for one of the particularized drugs. So proving a positive screening result in court could turn out to be hard for the Crown when there’s no way of knowing for certain food has not played a part in the reading.
You can read about some of other concerning things we found out about it here in a previous blog post.
Testing the tests
We believe it’s just a matter of time before the Dräger DrugTest 5000 is found to be not fit for the needs of the Canadian legal system. It wouldn’t be the first time testing and maintenance of approved screening devices by Acumen has lead to some changes. We revealed significant flaws with the Alco-Sensor IV DWF and the BAC Datamaster C. Both of these breathalyzers were then removed from service.
Best defence
If you want the best defence in your impaired driving case, you need a lawyer who knows about police equipment. At Acumen Law we know the technology used to convict drivers inside out – literally.
We know so much because a lot of our money goes into R and D. We do this because we know it gives us the edge. The more people are aware of the flaws in the technology, the better, so we gave the public a first look at the Dräger DrugTest 5000, even before the police.
If you are facing criminal impaired driving charges, call us today on 604-685-8889. Chances are we know a defence because we know more than you could possibly imagine about defending impaired driving cases.