What is an ASD?
You may be asked by a police officer to blow into an approved screening device while at the roadside. If the police are in possession of an ASD, they do not require grounds, but if they must request one, the police officer must have a reasonable suspicion that you have alcohol in your system.
What Results Does an ASD Provide?
There are three different readings: one is nothing which means you are below a 0.05 blood alcohol concentration (BAC), the second is a warn range which means your BAC is over 0.05 but less than 0.08 (the legal limit). The third is a ‘fail’, which means your BAC is above the legal limit.
What Happens If I Blow a ‘Warn’ or over 0.05?
If a police officer makes a demand that you provide a sample into an ASD and you blow a ‘warn’, you will be asked to surrender your license immediately. If this is the first time you received a warning, your license will be suspended for 3 days. A second suspension is seven days, and any further suspensions are for 30 days. Any previous suspensions do not count if they are over five years old. On the third suspension, you may be required to complete the ignition-interlock program for six months to get your license back.
There is also an administrative penalty that must be paid before you can get your license back. The administrative penalty will depend on if it is a first suspension ($250.00), a second suspension ($350.00), or a third one ($450.00).
DUI Lawyer Brampton
Since impaired driving law is a technical area of law, contact the experienced Brampton impaired lawyers at Lockyer Zaduk Zeeh to review your case and advise you whether the police respected your Charter rights. We have represented clients charged with refusal and other driving offences such as impaired driving, excess blood alcohol, and dangerous driving. We understand the serious consequences you will suffer from losing your license and having a criminal record. We work tirelessly to ensure we provide our clients with their best defence to help them avoid losing their license and from being convicted.