Alco
‐
Sensor
FST®
Operator’s Manual
PROTECTED
A
Alco
‐
Sensor
FST®
Operator’s
Manual
9
of
30
2018
‐
12
‐
18
3.2
Dealing
with
the
Subject
Section
320.27(1)(b)
of
the
Criminal
Code
gives
the
peace
officer
the
authority
to
demand
a
breath
sample
for
analysis
by
an
ASD
on
reasonable
grounds
to
suspect
that
a
person
has
alcohol
in
their
body
and
that
the
person
has,
within
the
preceding
three
hours,
operated
a
conveyance.
Section
320.27
also
grants
the
officer
the
power
to
detain
and
ask
the
subject
to
accompany
him/her
for
the
purposes
of
administering
the
test.
This
authorizes
the
officer
to
remove
the
accused
from
the
vehicle
or
move
a
short
distance,
if
required
for
testing
or
safety
reasons.
Timing
is
critical
and
the
officer
must
make
the
demand
promptly
and
administer
the
test
without
any
avoidable
delay.
Failure
to
expedite
the
tests
or
explain
delays
will
often
lead
to
a
Charter
breach.
Any
delay
in
performing
the
ASD
test
must
be
explained
to
the
subject.
If
a
demand
is
made
but
the
arrival
of
the
ASD
is
delayed
a
right
to
counsel
may
arise
and
the
driver
should
be
informed
of
this
right
and
given
a
reasonable
opportunity
to
exercise
this
right.
A
general
threshold
for
this
time
frame
is
fifteen
minutes,
but
situational
factors
may
further
impact
it.
ASD
demands
must
be
made
"immediately"
and
without
any
delay.
As
soon
as
an
officer
has
reasonable
grounds
to
suspect
alcohol
being
present
in
the
subject's
body,
the
officer
must
read
the
ASD
demand
verbatim
as
soon
as
practicable.
Approved
Screening
Device
(ASD)
DEMAND
(Suspicion
of
Alcohol
in
Body)
320.27
(1)
(b)
I
have
reasonable
grounds
to
suspect
that
you
have,
within
the
preceding
three
hours,
operated
a
conveyance
(namely
(pick
one)
a
motor
vehicle,
a
vessel,
an
aircraft
or
railway
equipment)
with
alcohol
in
your
body.
In
accordance
with
the
provisions
of
the
Criminal
Code,
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?
There
is
no
right
to
counsel
prior
to
providing
a
breath
sample
into
an
ASD.
Compliance
with
an
ASD
demand
is
considered
a
detention.
However,
it
has
been
deemed
a
reasonable
detention
in
the
interest
of
public
safety.
The
test
is
to
be
conducted
as
soon
as
practicable
and
any
delays
must
be
explained
to
the
subject.
The
full
and
proper
name
of
the
ASD
you
are
using
(Alco
‐
Sensor
FST®)
as
well
as
the
serial
number
of
the
device
should
be
recorded
in
your
notes.
