Alco
‐
Sensor
FST®
Operator’s Manual
PROTECTED
A
Alco
‐
Sensor
FST®
Operator’s
Manual
25
of
30
2018
‐
12
‐
18
5.2
Fail
Result
A
FAiL
result
will
give
you
reasonable
grounds
to
make
an
evidentiary
breath
demand
under
section
320.28(1)(a)(i)
of
the
Criminal
Code
and
may
be
the
primary
grounds
for
the
evidentiary
demand.
You
should
arrest
or
detain
the
driver,
provide
a
Section
10
Charter
notification,
police
caution
and
read
the
breath
demand
as
soon
as
practicable,.
Record
the
times
of
the
demand,
charter,
and
police
caution
in
your
notes.
In
court,
you
will
be
asked
what
the
FAiL
result
means
and
you
should
respond
that
it
indicates
the
driver’s
blood
alcohol
concentration
was
100
mg%
or
more
and
therefore
the
driver’s
ability
to
operate
a
motor
vehicle
was
impaired
by
alcohol.
At
this
point
you
may
decide
to
issue
the
driver
an
IRP
under
the
BC
Motor
Vehicle
Act
(MVA)
rather
than
proceed
with
the
C
riminal
Code
investigation.
However,
if
you
choose
to
issue
an
IRP
you
must
inform
the
driver
of
the
right
to
a
second
breath
test
on
a
different
ASD
and
that
the
lower
of
the
two
results
will
prevail:
“I
have
reasonable
grounds
to
believe:
Based
on
the
result
of
your
approved
screening
device
test
that
your
ability
to
drive
is
affected
by
alcohol.
I
therefore
direct
you
to
surrender
your
driver’s
licence.
You
are
now
prohibited
from
driving.
In
accordance
with
the
Motor
Vehicle
Act,
I
am
informing
you
that
you
have
the
right
to
a
second
test
by
providing
a
second
sample
of
breath
into
a
different
Approved
Screening
Device.
You
must
request
the
second
test
forthwith
and
prior
to
the
service
of
your
Notice
of
Prohibition.
By
legislation
the
lower
of
the
two
test
results
will
prevail.
Do
you
understand?
Would
you
like
to
provide
a
second
breath
sample?
“
If
a
second
ASD
is
not
available
you
will
not
be
able
to
proceed
with
an
IRP
and
should
consider
proceeding
criminally,
or
issuing
a
24
hour
prohibition
pursuant
to
Section
215
of
the
MVA.
Following
the
second
ASD
test
(and
provided
it
is
a
WARN
or
FAiL
):
1.Seize
the
individual’s
driver’s
licence
even
if
it
is
from
another
jurisdiction.
2.Complete
the
Notice
of
Prohibition
(MV2723)
and
serve
it
on
the
driver.
3.Complete
the
Report
to
Superintendent
(MV2724)
and
the
IRP
narrative
togetherwith
other
relevant
information
including
civilian
and
police
witness
reports.
4.Ensure
the
Report
to
Superintendent
is
sworn.
5.Fax
all
forms
including
the
Certificates
of
a
Qualified
ASD
Calibrator
(form
ED6126)and
Vehicle
Impoundment
documents
(if
applicable)
to
RoadSafetyBC
before
going
off
shift
