What is the test for failing a breath test for an ASD?

British Columbia, Canada


The following excerpt is from Mapara v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 316 (CanLII):

The petitioner relies on the Rohl v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 326, in which a petitioner relied on expert evidence about his own alcohol consumption. The expert opined that a breath test could lead to a FAIL on an ASD “if there was mouth alcohol due to recent vomiting, burping, belching or regurgitation”.

Other Questions


What is the test for a driver who failed two breath tests for failing to show up to .08? (British Columbia, Canada)
What is a reasonable excuse for failing a breath test? (Alberta, Canada)
What is the test for failing to provide a breath sample under section 224 of the Criminal Code? (Saskatchewan, Canada)
In what circumstances will a defendant be charged with driving under the influence of alcohol after failing a breath test? (Ontario, Canada)
Is a breath demand written by a police officer not an official sanctioned wording for breath demands? (British Columbia, Canada)
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner? (British Columbia, Canada)
In what circumstances will the City be found prejudiced in its defence of failing to provide notice of a piece of debris? (Ontario, Canada)
What remedies are available to recall an officer for failing to remove a label/sticker from a vehicle? (Ontario, Canada)
Can a municipality obtain contribution and indemnity from a property owner for failing to comply with its by-laws? (British Columbia, Canada)
Is there any case law where Directors of Industries Ltd have been found guilty of failing to prevent employees from moving to another company? (British Columbia, Canada)