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Criminal & DUI Lawyers, including:
Three Former Crown Prosecutors

Avoiding A False Screening Test Result

The new impaired driving laws that Canada introduced in December of 2018 are extremely tough.  There’s no questions. Sanctions are serious and you face serious consequences. I am a great advocate of never having even one drink and getting in a car.  You shouldn’t and that’s the rule of thumb really you should take. You can go online and look at blood alcohol calculators and maybe say to yourself well I can have one or two and potentially be under 50 milligrams or under 100 at the scene later when the police stop me but I am advising you to have none.  One tip I would like to give you today though, let’s assume you are a responsible drinker, you are a man or woman, let’s say you are a 180 lb man and you go out and have two five ounce glasses of wine as an example over a couple of hours and you’ve said to yourself well I should be fine. Here’s the difficulty, when you leave the bar you should not have that last sip within at least, and I say at least 15 minutes of driving.  Here’s the problem, if you sip wine or a drink, there’s going to be alcohol still in your mouth that’s not absorbed. It’s going to be there if you are stopped by the police within 15 minutes of that bar and they give you a roadside test you are going to blow through the roof. It’s called a false reading on an alco test. It’s a tip. Stop drinking, I mean you should probably stop drinking at least half an hour before that. Ignore the 15 minutes but that’s what the manufacturer’s manual says of these devices.  It can detect alcohol in that 15 minute window. Don’t drink and drive. Don’t have any drinks but if you are going to drink responsibly do not drink within that window at all before you get into your vehicle and you can avoid a false criminal charge essentially.

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