Roadside Breath Testing Equipment False Results – 604-318-3838

drunk driving lawyer vancouver

Question: “Can the testing equipment that is used at the roadside by the police give false results?”

Yes this is entirely true.  In order for the approved screening devices to read accurately there are several precautions that must be observed by the police, including:  (a) proper maintenance of the devices; (b) proper storage of the device; (c) proper and regular calibrations done with the device; and importantly (d) proper operation of the device by qualified operators of the device.

Even when ALL of the manufacturer’s recommended precautions are observed regarding the use and operation of an approved screening are followed, the device still continues to falsely read breath samples resulting in false positive test results.   Mainly, though not always, this is the result of the “presence of mouth alcohol” in the subject being tested.

Mouth alcohol is residual alcohol that remains in the mouth (under teeth, in gums and under the tongue) for up 15 minutes post-consumption.  The effect of having mouth alcohol present in  the subject during breath testing on an approved screening device is that the reliability of the sample given is thought to be questionable.  The ASDs most commonly used by the police in B.C. do not detect the presence of mouth alcohol when breath testing is done.  Mouth alcohol serves to interfere with the ASD reading being used to record actual blood-breath ratios in a subject.  Mouth alcohol can elevate any actual blood alcohol reading to beyond legally permissible limits from lower legally permissible limits.   Mouth alcohol can even act to make the ASD falsely record a reading showing the presence of alcohol in the subject’s bloodstream when there is absolutely no alcohol in the testing subject’s bloodstream.

The effects of mouth alcohol on the most commonly ASD used in B.C. (ie. the Alcosensor IV DWF) have been proven multiple times.   Indeed mouth alcohol can be caused by fresh consumption or the swishing in the mouth of substances other than the traditional forms of alcohol (ie. beer, wine and liquor).  For example some household sundries such as some forms of mouthwash products like gold Listerine have been proven to adversely affect ASD by falsely elevating the results of testing.  Other non-alcohol types of substances being present in the mouth prior to breath testing can equally provide falsely high results in ASDs.  Such products like soya sauce, white bread or carrots being consumed at times close to and prior to breath testing, can mimic the effects of “mouth alcohol” giving false positive results or false high results.

As we are living in a technically advanced age it is surprising to us that the police continue to rely upon the breath testing results taken on breath testing equipment such as the Alcosensor IV DWF to support their paperwork for IRP or ADP driving prohibitions.  It is more surprising that the Superintendent of Motor Vehicles in BC actually relies upon these such tests to prohibit innocent people from driving (leading to other severe  financial or life-changing repercussion) in situations where the breath testing equipment might be in fact reading false positives.

Any driving prohibition served upon you can put your job, your future and family at risk so no matter what driving prohibition that you have been served you should IMMEDIATELY seek advice from a qualified driving prohibition lawyer to obtain the details regarding same.  Our Vancouver lawyer, Jamie Butler, is a former prosecutor who can explain the repercussions, effects, appeal procedures and possible defences to you.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of appealing your driving prohibition.  Alternatively we also offer a FREE LEGAL EVALUATION of your driving prohibition matter by your sending us a brief written description of your case by CLICKING HERE.