Impaired/over 08

Consider the following guidelines for responding to driver impairment :

		Impaired or over 08
		Notetaking at the roadside
		At the breathalyser centre
		Blood demand

Impaired or over 08

1. Arrest the driver/person in care and control if you observe reasonable and probable grounds.
• Example: you observe erratic driving and slurred speech and the smell of alcohol.
2. Do not administer the screening device when you have reasonable and probable grounds.
3. Make the breath demand and administer the screening device if reasonable and probable grounds do not exist but you observe the following:
   • the driver/person in care and control smells of alcohol, or
   • the driver/person in care and control admits to drinking
4. Wait 15 minutes (to clear mouth alcohol) before administering the screening test if the driver is drinking.
5. Wait 2 minutes before administering the screening test if the driver is smoking.

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Notetaking at the roadside (Impaired/over 08)

1. Record the following about the offence:
   • the time, date, and location of the offence or accident
   • the motor vehicle, make, and licence
   • the alcoholic beverage if known
2. Record the following about the screening if done:
   • the time you made the breath demand
   • the result
   • the screening device used: make, model, and serial number
3. Record the following about the arrest:
   • the arrest time
   • the time that you read the constitutional rights/caution to the driver
   • whether the driver understood the rights/caution
4. Record what happened to the driver's vehicle:
   • towed by what company
   • driven by what passenger
   • left at the scene
5. Record the following about transporting the driver to the breathalyser centre:
   • the time
   • which breathalyser centre
   • if not the nearest breathalyser centre, explain

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At the breathalyser centre (Impaired/over 08)

Record these events and the time of each.

1. Arriving at the breathalyser centre.
2. Contacting the duty counsel/lawyer unless the driver refuses.
• name of the duty counsel/lawyer
3. Turning the driver over to the technician unless driver refuses the test.
• name and badge number of the breathalyser technician
4. The two test results if the driver is tested:
• The first/second test, completed at (time), registered a reading of ( ) mgs of alcohol in 100 mls of blood.
5. The refusal if the driver refuses the test:
   • The driver refused to provide suitable samples of breath at (time).
   • The consequences of the refusal were explained to driver at (time).
6. Taking the driver's fingerprints if the test results are over 08 or if the driver refuses the test. Record:
• Fingerprints taken at (time).
7. Scheduling a return visit for fingerprinting if the driver cannot cooperate. Record:
• Driver released, to return on (date) for fingerprinting at (time).
8. Completing and serving the certificates and forms.
9. How the driver was released, such as on a promise to appear (PTA) or unconditionally.

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Blood demand (Impaired/over 08)

You can demand a blood sample if the driver is unable to provide a breath sample.

1. Reasonable and probable grounds for over 08 must exist.
2. The driver's physical condition must make a breath sample impractical.
3. Record the conditions and reason for the blood sample.

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