Alcotest 7410 GLC User’s Manual
10
Law and Field Use of the Alcotest 7410 GLC
The use of approved screening devices in
Canada is governed by the Criminal Code.
The user should be familiar with those
sections of the Code that deal with approved
screening devices and drinking-driving in
general. There is also operational policy in
place to ensure a uniform approach to
drinking-driving enforcement throughout
the province. This section discusses the law
and policy related to the use of ASDs.
Although this manual deals with the
Alcotest 7410 GLC, the law and policy are
the same for all ASDs.
A. Criminal Code Sections
The sections dealing with the use of ASDs
are listed below. These sections should be
well known to peace officers who have been
involved in previous drinking-driving
investigations. They are reviewed here for
completeness and continuity.
Section 253(1)(a) C.C. -
the offence of
impaired driving.
Section 253(1)(b) C.C. -
the offence of
exceeding 80 milligrams of alcohol in
100 millilitres of blood.
Section 254(1) C.C. -
definitions section for
the drinking-driving offences.
“approved screening device” means a
device of a kind that is designed to
ascertain the presence of alcohol in
the blood of a person and that is
approved for the purposes of this
section by order of the Attorney
General of Canada;
The key here is that before any screening
device can be used, it must be
approved
for
use and appear on the
Approved Screening
Devices Order.
The Alcotest 7410 GLC is
included on this order and is therefore
approved for use. For court purposes, the
user must know exactly which device and
model was used.
Section 254(2)(b) C.C. -
the demand
section for an ASD.
This section gives the peace officer the
authority to
demand
a breath sample for
analysis by an ASD on reasonable suspicion
that the person has alcohol in the body.
Section 254(3)(a)(i) C.C. -
the demand
section for a breath sample into an
approved instrument.
Before this demand is made, there must be
reasonable grounds to believe a person has
committed an offence under Sec. 253 C.C.
within the previous three hours. It is here
that the peace officer uses the results from
the ASD test taken under Section 254(2)(b)
C.C.. The “F” (FAIL) indication on the
ASD means the BAC exceeds 80 mg% and
thus provides the reasonable grounds to
believe that the person has committed an