IMPAIRED DRIVING INVESTIGATION. Cst . Lynn Parenteau Cst . Bryon Sommacal Cst . Dale Amyotte Cst . Damien Rozon Saskatoon Police Service. CONSIDER THIS!. Impaired Driving. Thousands of people are killed or seriously injured by impaired drivers.
Cst. Lynn Parenteau
Cst. Bryon Sommacal
Cst. Dale Amyotte
Cst. Damien Rozon
Saskatoon Police Service
Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not while the person’s ability to operate the vehicle is impaired by alcohol or a drug
Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not, having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds 80 mg of alcohol in 100 mL of blood (exceeds 80 mg%)
These are 2 distinct offences:
What is Impaired Driving?
Evidence must be of impairment that affects ability to operate a motor vehicle as this is an element of the offence.
How do we establish reasonable & probable grounds for Impaired Driving?
What does a drunk look like to you?
Observations of Witnesses
Once you have formed the grounds that the person is impaired, you have the grounds that they also exceed 80 mg% and you can make a breath demand
What if you don’t have the grounds that they are impaired?
Grounds that the accused was committing 253(1)(a) or 253 (1)(b) must be formed within 3 hours of the offence.
It has to be as a result of alcohol consumption as you CAN’T make a breath demand for drug impairment.
If you have grounds that the accused was committing 253(1)(a) by drug or drug/alcohol (must be formed within 3 hours of the offence) you can demand they submit to an evaluation conducted by a Certified Drug Recognition Expert (CDRE).
If the CDRE completes the evaluation and has reasonable grounds to believe that the person is impaired they can demand:
If you only have reasonable grounds to suspect that a person has a drug in their body and that in the preceding 3 hours they operated a motor vehicle you can demand physical co-ordination tests (Standard Field Sobriety Tests – SFST’s).
A “fail” of the SFST’s can lead to a demand for an evaluation by a CDRE
The requirements for making a blood demand are almost identical to those of a breath demand:
In addition, however, the attending physician has to authorize the blood to be drawn. If he/she doesn’t authorize this you must cease this part of the investigation and no action can be taken against the doctor.
The BAC can be found by other methods i.e.. Search Warrant or Production Order.
Subject can be charged for refusing to comply with:
It must be an informed refusal:
Impaired driving is no longer socially acceptable.
The needless carnage and suffering can be stopped or reduced through your diligent investigation in this area.
IMPAIRED DRIVING IS NOT A VICTIMLESS CRIME!!