A roadside breath test is a test police use to measure alcohol in your breath during a traffic stop. In British Columbia, the test is done on an approved screening device, often called an ASD. The result can lead to an Immediate Roadside Prohibition (IRP) on the spot.
How the test works
You are asked to blow into a small handheld device through a mouthpiece. The device analyzes the sample. It then displays a result rather than an exact number.
For IRP purposes, two results matter. A WARN means your blood alcohol concentration is 50 to 79 mg%. A FAIL means 80 mg% or more.
What happens after a WARN or FAIL
If you blow a WARN or a FAIL, police must tell you that you have the right to a second test. The second test must be done on a different device. If police fail to advise you of this right, or do not use a different device, that can be a ground for review.
A WARN brings a prohibition of 3 to 30 days, depending on your history over five years. A FAIL brings a 90-day prohibition with a monetary penalty. Police must also impound your vehicle for 30 days.
Refusing the test
Refusing or failing to provide a sample is treated as seriously as a FAIL. It brings a 90-day IRP. In some cases police may choose a criminal investigation instead. A refusal can be challenged if you did not actually refuse, or if you had a reasonable excuse.
The roadside test is not the station test
A roadside breath test is different from the test done at a police station. The station test uses a larger instrument operated by a qualified technician. That test is used for criminal charges and for Administrative Driving Prohibitions. The roadside ASD is the basis for the IRP.
Are these devices reliable?
Screening devices are machines. They need proper maintenance and calibration. Many successful IRP reviews turn on how the device was maintained and calibrated, or how the officer operated it. Acumen Law owns several approved screening devices along with other breath-testing instruments used in BC. Our lawyers have taken devices apart and studied how they work. We also keep maintenance records for many screening devices in the Lower Mainland.
If you took a roadside breath test and were prohibited, you have only 7 days to apply for a review. Call Acumen Law at 604-685-8889 for a free consultation, any hour of the day.