Drinking and Driving: The Fruit Juice Memo
Roadside Screening Section 254(2) of the Criminal Code authorizes police to demand that the operator of a motor vehicle provide a sample of his or her breath into an “ approved screening device ” where the police have reasonable grounds to suspect that the person to whom the demand is made has alcohol in their body. A “fail” result on an “ approved screening device ” may be considered, along with any other indicia of impairment, in satisfying the requirement for reasonable grounds to demand a breath sample pursuant to s. 254(3) of the Criminal Code. Reasonable Grounds There are two components to reasonable grounds – a subjective belief which viewed objectively must be reasonable. An officer is entitled to delay the administration of the test where there are grounds to believe that a delay is necessary. For instance, an officer may have reason to believe that the test may be inaccurate because of mouth alcohol. ...