Alco
‐
Sensor
FST®
Operator’s Manual
PROTECTED
A
Alco
‐
Sensor
FST®
Operator’s
Manual
11
of
30
2018
‐
12
‐
18
3.4
Mandatory
Alcohol
Screening
Section
320.27(2)
of
the
Criminal
Code
provides
peace
officers
the
authority
to
demand
samples
of
breath
for
analysis
by
an
ASD
without
first
requiring
them
to
have
reasonable
grounds
to
suspect
the
subject
has
consumed
alcohol.
The
peace
officer
needs
to
be
in
possession
of
an
ASD,
and
must
be
dealing
with
the
driver
of
a
motor
vehicle
in
“the
course
of
the
lawful
exercise
of
powers
under
an
Act
of
Parliament
or
an
Act
of
a
provincial
legislature
or
arising
at
common
law.”
This
Section
also
requires
the
subject
to
accompany
the
peace
officer
for
this
purpose.
Mandatory
alcohol
screening
(2)
If
a
peace
officer
has
in
his
or
her
possession
an
approved
screening
device,
the
peace
officer
may,
in
the
course
of
the
lawful
exercise
of
powers
under
an
Act
of
Parliament
or
an
Act
of
a
provincial
legislature
or
arising
at
common
law,
by
demand,
require
the
person
who
is
operating
a
motor
vehicle
to
immediately
provide
the
samples
of
breath
that,
in
the
peace
officer’s
opinion,
are
necessary
to
enable
a
proper
analysis
to
be
made
by
means
of
that
device
and
to
accompany
the
peace
officer
for
that
purpose.
While
this
Section
does
provide
sweeping
authority
to
demand
a
sample
for
analysis
by
an
ASD,
if
the
peace
officer
is
able
to
demonstrate
reasonable
grounds
to
suspect
the
driver
has
consumed
alcohol,
it
remains
more
appropriate
to
rely
on
320.27(1)(b)
than
this
authority,
and
for
the
peace
officer
to
make
notes
of
their
observations
accordingly.
In
the
event
a
peace
officer
does
rely
upon
the
Mandatory
Alcohol
Screening
authority
to
demand
a
breath
sample,
comprehensive
notes
are
to
be
made,
including
the
reason
for
the
original
detention,
and
any
other
potential
indicia
the
officer
observes
that,
while
not
rising
to
the
point
of
“reasonable
grounds
to
suspect”,
may
suggest
the
consumption
of
alcohol
or
other
intoxicants.
ASD
demands
must
be
made
"immediately"
and
without
any
delay.
The
officer
must
read
the
ASD
demand
verbatim
as
soon
as
practicable.
Approved
Screening
Device
(ASD)
DEMAND
(Mandatory
Alcohol
Screening)
320.27
(2)
In
accordance
with
the
provisions
of
the
Criminal
Code
and
in
the
lawful
execution
of
my
duty,
you
are
required
to
provide
a
sample
of
your
breath
into
an
approved
screening
device
when
operating
a
motor
vehicle.
I
hereby
demand
that
you
provide
a
sample
of
your
breath,
immediately,
suitable
for
analysis
using
an
approved
screening
device
and
to
accompany
me
for
the
purpose
of
enabling
such
samples
to
be
taken.
Do
you
understand?
