Alco
‐
Sensor
FST®
Operator’s Manual
PROTECTED
A
Alco
‐
Sensor
FST®
Operator’s
Manual
8
of
30
2018
‐
12
‐
18
consuming
alcohol,
an
officer
observes
subject
consuming
alcohol,
or
any
other
combination
of
factors
which
reasonably
support
the
suspicion.
An
ASD
should
not
be
used
if
the
officer
already
has
formed
the
opinion
that
the
subject's
ability
to
drive
is
impaired
by
alcohol.
Do not confuse the grounds for the ASD demand with the grounds for an
evidentiary breath demand.
320.28
(1)
If
a
peace
officer
has
reasonable
grounds
to
believe
that
a
person
has
operated
a
conveyance
while
the
person’s
ability
to
operate
it
was
impaired
to
any
degree
by
alcohol
or
has
committed
an
offence
under
paragraph
320.14(1)(b),
the
peace
officer
may,
by
demand
made
as
soon
as
practicable,
(a)
require
the
person
to
provide,
as
soon
as
practicable,
(i)
the
samples
of
breath
that,
in
a
qualified
technician’s
opinion,
are
necessary
to
enable
a
proper
analysis
to
be
made
by
means
of
an
approved
instrument,
or
(ii)
if
the
peace
officer
has
reasonable
grounds
to
believe
that,
because
of
their
physical
condition,
the
person
may
be
incapable
of
providing
a
sample
of
breath
or
it
would
be
impracticable
to
take
one,
the
samples
of
blood
that,
in
the
opinion
of
the
qualified
medical
practitioner
or
qualified
technician
taking
the
samples,
are
necessary
to
enable
a
proper
analysis
to
be
made
to
determine
the
person’s
blood
alcohol
concentration;
and
(b)
require
the
person
to
accompany
the
peace
officer
for
the
purpose
of
taking
samples
of
that
person’s
breath
or
blood.
Reasonable grounds for impairment are a much higher standard than a
suspicion of alcohol in the body, and are generally formed with observations of
intoxication (slurred speech, poor balance, staggering gait, confusion,
disorientation, etc.) or of poor driving (excessively slow, fast or variable speeds,
wide or narrow turns, weaving within and outside of the lane of travel, driving
errors, etc.).
