Breathalyzer tests are vital in Ontario DUI cases but can be inaccurate. Police use these devices to check a driver’s BAC. They see if it exceeds the legal limit. But, debates and legal challenges arise due to possible errors. This article explains breathalyzer tests. It covers their role in Ontario DUI cases, factors that affect accuracy, and ways to challenge the evidence. Its goal is to raise awareness about their limitations.
How Breathalyzer Tests Work
Breathalyzers estimate BAC by measuring the alcohol in a person’s breath. When a person drinks alcohol, some of it enters the bloodstream. It makes its way to the lungs. As the blood passes through the lungs, the body exhales alcohol that evaporates into the air sacs.
There are two main types of breath-testing devices used in Ontario:
1. Approved Screening Devices (ASDs): These are portable devices used for roadside testing. They provide a pass, warn, or fail result rather than a specific BAC number.
2. Approved Instruments: These are advanced machines at police stations. They get precise BAC readings for court use as evidence. Ontario relies on the Intoxilyzer 8000C for breath testing.
Legal Limits and Testing Procedures in Ontario
The legal BAC limit for fully licensed drivers in Ontario is 0.08%. However, drivers can face penalties at lower levels:
- 0.05% – 0.08%: 3-day license suspension for a first occurrence
- Over 0.08%: Criminal Code charges
There is zero tolerance for novice drivers and those under 21.
When law enforcement pulls over a driver on suspicion of impaired driving, the typical procedure is:
- Roadside screening with an ASD if the officer has a reasonable suspicion of alcohol consumption.
- If the driver fails the ASD test or shows clear signs of impairment, they are arrested and taken to the police station.
- At the police station, the driver must provide at least two breath samples on an approved instrument, usually about 15-20 minutes apart.
Factors Affecting Breathalyzer Accuracy
While breathalyzers are widely used, several factors can affect their accuracy:
Calibration and Maintenance: Breathalyzers require regular calibration and maintenance to ensure accuracy. Improper calibration can lead to false readings.
Residual Mouth Alcohol: Recent alcohol use, burping, or regurgitation can leave alcohol in the mouth. This may cause falsely high readings. This is why officers are supposed to observe the subject for 15-20 minutes before testing.
Medical Conditions: Some conditions, like acid reflux or diabetes, can affect breathalyzer results.
Interference from Other Substances: Some foods, medications, and oral hygiene products may affect breathalyzer readings.
User Error: Improper use of the device by the officer can lead to inaccurate results.
Environmental Factors: Temperature, air pressure, and electromagnetic interference can affect some breathalyzer devices.
Accuracy Rates and Margin of Error
Minor discrepancies can be significant in DUI cases. This is especially true for readings near the legal limit. For example, if a person’s BAC is 0.07% but the breathalyzer shows 0.08%, it could mean the difference between an admin penalty and criminal charges.
Challenging Breathalyzer Evidence in Court
Given the potential inaccuracy, breathalyzer evidence can sometimes be challenged in court. Some potential grounds for challenge include:
Lack of Reasonable Suspicion: The officer must have suspected the driver had alcohol for the initial roadside test. If this can be disputed, the subsequent evidence may be excluded.
Procedural Errors: If the police did not follow proper procedures, the results could be invalid. For example, they must observe the driver for a required time before the test.
Calibration and Maintenance Issues: Improper records of the breathalyzer’s calibration or maintenance could doubt its accuracy.
Right to Counsel: In Canada, individuals have the legal right to speak to a lawyer before providing a breath sample at the police station. If this right is violated, the breathalyzer evidence could be excluded.
Technical Issues: In some cases, expert testimony has been used to challenge the reliability of specific breathalyzer models. For instance, in a 2014 case, charges were dismissed after an expert testified about flaws in the Intoxilyzer 8000C.
The Importance of Legal Representation
Given the complexities of breathalyzer evidence and DUI law, it’s crucial for those charged to seek experienced legal help. A knowledgeable DUI lawyer can:
- Examine the circumstances of the stop and arrest for any procedural errors.
- Review breathalyzer maintenance and calibration records.
- Consider potential alternative explanations for high readings.
- Assess whether your Charter rights were respected throughout the process.
- Potentially challenge the admissibility or reliability of the breathalyzer evidence in court.
Conclusion
Breathalyzer tests are key in enforcing impaired driving laws in Ontario, but they are not infallible. Various factors can affect their accuracy, and several potential avenues exist for challenging breathalyzer evidence in court.
If you face a DUI, Impaired Driving, Over 80 or a Refusal to Take a Breath Test charge, it’s crucial to understand your rights and the potential limitations of breathalyzer evidence. Seeking prompt legal advice can ensure the best possible outcome in your case.
Can breathalyzer results be challenged in Ontario DUI cases?
Yes, breathalyzer results can be challenged in Ontario DUI cases due to potential inaccuracies, procedural errors, and issues with device calibration or maintenance.
What factors affect the accuracy of breathalyzer tests?
Factors like device calibration, residual mouth alcohol, medical conditions, and environmental variables can affect the accuracy of breathalyzer tests in Ontario.
