Seems frightening to me. Anyone have thoughts on this? I wonder how much risk we might be at. Also wonder what we might be able to do about it, both in general, and what can we do if it happens to us personally?
Under the Criminal code Section 253 covers Impaired operation of a vehicle, Section 254 provide the applicable definitions. There is shows that if the person is incapable to taking a breath test the can order a blood test.
However, if one is ever in that situation I would suggest offering the blood test up front (unless you know it will fail!). Because if there is a hassle to fight for a blood test it is at the officers disgression!!!
(3) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under section 253 as a result of the consumption of alcohol, the peace officer may, by demand made as soon as practicable, require the person
(a) to provide, as soon as practicable,
(i) samples of breath that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood, or
(ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to obtain a sample of breath, samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood; and
(b) if necessary, to accompany the peace officer for that purpose.
it sure seems like this is one of those "must be more to the story" things in my mind, as the article creates questions in my mind. Like; did she tell the officer she had a lung condition & couldn't breath out well? why was she pulled over in the first place? did she ASK to have blood or urine taken instead? ( my understanding is a person can ask, but the person will have to pay for the test)
do's & don'ts of "how" to do a breathalizer;
www.avvo.com/legal-guides/ugc/blowing-into-a-breathalyzer-101-dui-law "Do not hold your breath or take a big breath before blowing...breathalyzers require about seven seconds of uninterrupted breath, but they do not require the person to blow hard. Blow as you would normally blow through a straw, not as if you are trying to blow up a balloon. If you have any conditions that stop you from blowing steadily at normal pressure for at least seven seconds, notify the officer before taking the test."
Gerald; excellent information as usual
ps. there are a lot of reasons a person can have a 'false reading' also. so always good to make sure the test is performed correctly as above, but if you didn't drink & get a false reading; ask.metafilter.com/148906/Blew-007-BAC-but-I-dont-drink (spit that sugerless gum out )