| A Breathalyzer is a drunk driving detection tool used | | | | Note that refusing to blow into a breathalyzer is |
| by law enforcement to test for drunk driving without | | | | criminal offense in itself. |
| taking blood or some other fluid. In other words, it's a | | | | There are several ways to defend against a DUI |
| way for the police to test for a impaired driving with | | | | charge in British Columbia. |
| minimal intrusion - or less intrusion than taking your | | | | The key point to note is that the prosecution must |
| blood or other fluids. | | | | prove beyond a reasonable doubt that you were |
| The breathalyzer gives a reading based on the blood | | | | impaired while operating a motor vehicle. Not only that, |
| alcohol level in 100 mL of blood. In British Columbia, a | | | | the evidence relied upon by the prosecution must be |
| result of .08 or higher is considered impaired driving and | | | | reliable and obtained in a way that doesn't violate your |
| will likely result in a DUI charge. However, also in B.C., in | | | | Charter rights - such as protection against |
| some circumstances, a police officer may issue a 24 | | | | unreasonable search and seizure. |
| hour ticket instead of making an arrest on the criminal | | | | The prosecution must prove the breathalyzer was |
| charge of DUI. | | | | reliable - that it was maintained and calibrated properly. |
| A police officer must have a reason to ask a driver to | | | | Another potential defense is proving the identity of the |
| blow into a breathalyzer. Good enough reasons include | | | | driver. Sometimes the prosecution's case is weak in |
| (but are not limited to) smelling alcohol, slurred speech, | | | | proving the actual identity of the driver. And then |
| poor performance during a roadside sobriety test, and | | | | there's the potential defenses of having evidence not |
| any other signs of impairment. The reason an officer | | | | admitted because it was obtained by the police in a |
| must have a reason to force you to blow into a | | | | way that violated your individual rights set out in the |
| breathalyzer is Canadian law protects the individual | | | | Charter. |
| right against unreasonable search and seizure (section | | | | Again, the point is there are numerous defenses to |
| 8 of the Canadian Charter of Rights and Freedoms). | | | | impaired driving charges in British Columbia. |