Fixing margin of error: Police breathalyzers to be tweaked

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VANCOUVER (NEWS1130) – Breathalyzers in BC will be re-adjusted by police, just in time for the holidays. This will take place over the next 10 days, fixing the slight margin of error.

It’s the grey area between .05 and .06 that has come into question says Victoria Police Chief Jamie Graham. “The potential warn reading might be lower than 50 milligrams or .05. While this margin of error is so small that is has never really been a significant problem in the past, we now believe that out of an abundance of caution, and to ensure the instrument provides accuracy, the devices should be adjusted.”

He says when that happens, the device will always read above .05 so there is no doubt a person is over the limit.

News1130’s Legal Analyst Michael Shapray says readings before this re-calibration may have been inaccurate. “They very well may have been below 0.05, and unfortunately the way the legislation is drafted, they have no remedy at all.”

David Eby with the BC Civil Liberties Association says this shows the system is not perfect. “There will be thousands of people who have been given these tickets. Police are now saying well there’s this margin of error, there’s this grey zone. They all may have been caught in and there’s no way to appeal.”

There are 2,200 breathalyzers that will be re-adjusted. This should be done by December 1st when police kick off their counter attack campaign.

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