Loading articles...

Breathalyser tests may not cut it in proving DUIs in court

VANCOUVER (NEWS1130) – Officers may soon have to do more than use breathalyser tests to prove a person’s ability to drive has been affected by alcohol.

This comes as yet another BC Supreme Court Judge ruled a breath test wasn’t enough to take someone’s car away.

The ruling happened in Kamloops, as a driving ban was overturned because the officer couldn’t prove the man was impaired despite the man having blown between 0.05 and 0.08.

Legal analyst Michael Shapray claims a simple reading may not be enough to prove someone is intoxicated anymore.

“The police are at least going to now have to have some grounds that the person’s ability to operate a motor vehicle has been affected by alcohol.”

Yet, Shapray doesn’t know how this could impact future appeals.

“I don’t know if it is something that is going to require or force the government to make a legislative change.”

If anything, he does suspect that the decision could provide some more clarification going forward.