Accuracy of breathlyzers in Alberta

[nzwasp]

So I was talking to a buddy at work today and he said that in Calgary if you blow a 0.08 BAC in calgary that the police will cut your license in half and put you in the drunk tank?

I find this really hard to believe. I dont believe in drunk driving but I can't believe that officers would be above the law. Surely they have to test your blood via blood test before they confirm that the reading on the breathlyzer is correct?

Well at least thats how it goes in NZ where I am from. If you blow positive for bac of 0.06 i think it is then the officer asks you how much you have had to drink and assesses whether you are alright or not. If he judges that you are drunk then he will send you for a blood test if you fail that then you get your licenses taken away from you. They do all this because the breathlyzers aren't all that accurate.

[Cos]

Originally posted by nzwasp
So I was talking to a buddy at work today and he said that in Calgary if you blow a 0.08 BAC in calgary that the police will cut your license in half and put you in the drunk tank?

I find this really hard to believe. I dont believe in drunk driving but I can't believe that officers would be above the law. Surely they have to test your blood via blood test before they confirm that the reading on the breathlyzer is correct?

Well at least thats how it goes in NZ where I am from. If you blow positive for bac of 0.06 i think it is then the officer asks you how much you have had to drink and assesses whether you are alright or not. If he judges that you are drunk then he will send you for a blood test if you fail that then you get your licenses taken away from you. They do all this because the breathlyzers aren't all that accurate.

They can give you a 24 hour suspension based on suspicion of being under the influence. By the way that is ON THE SPOT. They aren’t above the law, it is the law.

[nzwasp]

Originally posted by Cos


They can give you a 24 hour suspension based on suspicion of being under the influence. By the way that is ON THE SPOT. They aren’t above the law, it is the law.

So that's all that happens.

Got a link to this law? Never mind read it - sounds pretty bs. How can you accurately tell that your one glass of wine that you had for dinner didn't push you over the edge? although i guess considering im 200 pounds I wouldn't be.

[Tik-Tok]

Originally posted by nzwasp


So that's all that happens.

Got a link to this law? Never mind read it - sounds pretty bs. How can you accurately tell that your one glass of wine that you had for dinner didn't push you over the edge? although i guess considering im 200 pounds I wouldn't be.

That's not ALL that happens, they also charge you with DUI, and can fully lose your license through courts.

You don't know, unless you have a personal breathalyzer and calibrate it regularly. Much easier to just not drink (and drive).

[Mitsu3000gt]

I'm pretty sure it works like this:

1) You get pulled over, and you blow a pass/fail Breathalyzer administered on the spot by the officer (I believe it's set at 0.05).

2) If you "fail", you get taken down to the station where a proper blood alcohol test is administered, or if its a check stop, to the trailer where they have a better Breathalyzer.

3) I believe convictions can only be made with an actual blood test, but I am not 100% sure on that one.

Can someone confirm if the above is correct?

Also, I think if you manage to drink any alcohol at all between when you get pulled over and the police station, you can't be convicted with a full-on DUI because there is no way of knowing if that last bit of alcohol threw you over the limit, or if you were already over the limit. Again, maybe someone from CPS can confirm this, but I've heard that POS human beings have gotten out of DUI's by doing this.

[spike98]

Due to the accuracy of the breathalyzer you need to be above 0.09 for it to hold water in court. I know this because in my stupid youth times i failed roadside but passed at the police station with a 0.089. Over the limit but with the accuracy of the machine, not convictable.

[rage2]

Here's how it works. I've driven through a few checkstops in the last year.

1. Cop asks you if you've had anything to drink in the last 15 mins. If you answer yes, they make you sit for 15 mins.

2. They give you a disposable straw and you blow into their machine. Looks like this:

http://i1213.photobucket.com/albums/cc475/rage2amg/1e0dc308.jpg

3. It takes about 60 seconds, then it tells you your BAC level.

4. If you register 0.08 or higher, you get charged with DUI. I think you get blood test at this point, dunno anyone that's blown that high at a checkstop.

5. If you register 0.05 to 0.079, they take your license away for 24 hrs, tow your car, and you walk home. I know a few ppl that's had this happen to them.

As for the accuracy of the breathalyzers, a properly calibrated unit (good for ~100 readings) is very accurate and consistent.

[ExtraSlow]

Originally posted by Mitsu3000gt
Also, I think if you manage to drink any alcohol at all between when you get pulled over and the police station, you can't be convicted with a full-on DUI because there is no way of knowing if that last bit of alcohol threw you over the limit, or if you were already over the limit. Again, maybe someone from CPS can confirm this, but I've heard that POS human beings have gotten out of DUI's by doing this.
I've heard this too, but no idea if it's true. I know someone who keeps a bottle of mouthwash in his car to drink if he's ever pulled over. Says he's going to drink it right in front of the cop.
I told him to stop drinking . . . .

[spike98]

Originally posted by rage2
Here's how it works. I've driven through a few checkstops in the last year.

1. Cop asks you if you've had anything to drink in the last 15 mins. If you answer yes, they make you sit for 15 mins.

2. They give you a disposable straw and you blow into their machine. Looks like this:

http://i1213.photobucket.com/albums/cc475/rage2amg/1e0dc308.jpg

3. It takes about 60 seconds, then it tells you your BAC level.

4. If you register 0.08 or higher, you get charged with DUI. I think you get blood test at this point, dunno anyone that's blown that high at a checkstop.

5. If you register 0.05 to 0.079, they take your license away for 24 hrs, tow your car, and you walk home. I know a few ppl that's had this happen to them.

As for the accuracy of the breathalyzers, a properly calibrated unit (good for ~100 readings) is very accurate and consistent.

The road side tests in medicine hat give you a Green, yellow, and red indications. Im sure they match what you have for your concentrations. However in every case i have heard of, the roadside unit must be proved up by a non-portable machine or bloodwork. I blew at the station when i blew a 0.089. I did not get a DUI. That being said the only words i spoke other than my name, and DOB was "I am under the advice of my lawyer to not answer that question"

The officer said i was "lucky" because it was 0.089 and not 0.09 because at that point its easy to get tossed out due to the accuracy of the machines.

[nzwasp]

What rage2 said seems much more reasonable than just ripping your license up infront of your eyes.

[Weapon_R]

The roadside screening device is a tool used by police officers to determine whether you have alcohol in your blood. It does not give an exact readout of your content level. It is used, in addition to other factors, to assist an officer in formulating sufficient grounds to make an arrest. An officer must have grounds to make an arrest where he suspects that an individual is impaired. In some instances, the police will make that determination after observing your behaviour, and in others, may use an ASD to assist them in evaluating your level of impairment. An officer needs only reasonable suspicion to require you to take an ASD, so even admitting that you've had one drink is sufficient enough for them to require you to take the test. An officer is required to have reasonable and probable grounds to require a breathalyzer, and it's much easier for them to show that if they make you take an ASD first.

The breathalyzer machine at the police station is the one that accurately gives the readout of your alcohol level. It is always administered by a qualified technician and provides the police with a printout containing your exact alcohol level. If you blow over 0.08 in two separate tests, the police will charge you with impaired driving and driving with a BAC in excess of 0.08.

Licensing is under provincial jurisdiction. In addition to your criminal code charges, a province is within it's right to impose driving restrictions on you. Driving is a privilege, not a right. The province has determined, and has successfully defended, the right to limit your driving privileges if you have been found to have alcohol in your system. This can range from a 24-hour driving suspension to a lengthy one. Again, it is within provincial jurisdiction to impose penalties if you are found to have alcohol in your body, so even if you are acquitted in a criminal proceeding, you will have to apply for reinstatement of your driver's licence if it was suspended as a result of an impaired driving charge.

[sillysod]

Originally posted by nzwasp


So that's all that happens.

Got a link to this law? Never mind read it - sounds pretty bs. How can you accurately tell that your one glass of wine that you had for dinner didn't push you over the edge? although i guess considering im 200 pounds I wouldn't be.

people forget that driving isn't a human right...


I have a few friends that have gotten impaired driving charges both checkstop bus and pulled over for being an asshat. After watching a few of my friends catching rides around with people and driving without a license I quickly decided that I would use keys please or take a cab.

That being said there are multiple ways out of a DUI, but the key is to get intouch with a lawyer immediately. If you can explain to the lawyer your situation chances are that he will tell you what to do. The downside to this is the $10,000 bill and the 3 months you still won't be able to drive as the suspension is immediate.

Suddenly a $75 cab ride seems pretty cheap :rofl:

as far as accuracy goes we do some of the calibrations of their equipment they use to convict people for narcotics possession. The reports and inspections are very thorough because they constantly get brought up in court by the defendants lawyer

[nzwasp]

So when are the alberta police going to step up the check stops - in kelowna they are everywhere, during my wedding a month ago they had 4 on the same stretch of road in 2 days. In calgary i've seen one in 4 1/2 years and that was on stoney trail near crowchild.

[heavyD]

Originally posted by nzwasp
So when are the alberta police going to step up the check stops - in kelowna they are everywhere, during my wedding a month ago they had 4 on the same stretch of road in 2 days. In calgary i've seen one in 4 1/2 years and that was on stoney trail near crowchild.

It's a lot harder to do in a large city as it causes major traffic issues to have them all over but Calgary is more obsessed with cash grab tickets such as speeding and red light.

[AndyL]

Oh they run them pretty much 4 nights a week - they were gravy when I was towing on nights...

They still run the typical checkstop - but they use a lot of the rolling checkstop lately... Bus gets tucked away; and pulling cars over that are leaving drinking establishments; you can often spot em - by the dozen or so officers parked up and down a stretch of road waiting impatiently on a towtruck :)

They seem to catch a lot more when they do the rolling - as you're getting them near the source, so you get more than the typical setup on the major artery...