Breathalyzer Testing For DUI, DWI,
and Impaired driving in Alberta
By using an Intoxilyzer, Alco-Sensor, or Alco-Sur as a way to check your blood alcohol content is most common in the Province of Alberta. Along with an alcohol sensing machine, a peace officer can demand you do a roadside sobriety test as well.
The aforementioned screening devices are used to determine the amount of alcohol in your system, otherwise known as blood alcohol content (BAC). If you fail your breath test, you will then be taken into police custody, facing charges of drunk driving.
What It Means To Have Your Blood Alcohol Content Tested
The legal limit for which you can be facing charges is .08 BAC. This will result in a criminal charge if you are convicted. However, due to Bill 26 and its legislative changes, you only have to be at a BAC of .05 to be deemed impaired.
Due to Alberta’s drunk driving, DUI, DWI, and impaired driving laws, if you are taken into custody, you will be required to give breath samples on a breathalyzer device known as the Intoxylater 5000C. The test is used to determine the amount of alcohol present in your system by milligrams per 100 milliliters of blood. Also, by these same Alberta laws, it is stated that a person cannot have control of any sort over a motor vehicle when their ability to operate such a vehicle is impaired by alcohol.
In very rare cases, a breathalyzer test will deliver a false reading. However, the devices to test your BAC most commonly used by police enforcement today have a high degree of accuracy. Again, some circumstances allow for false positives:
- Mouth alcohol bias
- Quality of the breath sample
- Health of the individual providing the samples
- Extreme temperatures
- Device calibration
Breathalyzer Results and Impaired Driving Penalties
First and foremost, if you have been charged and have reasonable doubt that the test was wrong, you should consider having a test redone or having a blood test done. A breathalyzer test can carry severe penalties but does not convict you of impaired driving.
With that being said, breathalyzer results will determine amount of charges and the type of penalties you are facing. For example, they can be as simple as a 3-day license suspension and vehicle seizure to a more severe penalty of a sustained license suspension that will remain in place until criminal charges have been determined. This is also cause for you to contact our DUI defence team immediately to try to resolve your charges with the lesser penalty, or possibly no penalty at all.
Not Sure Where To Start?
Contact Greg Dunn, Your Drinking and Driving Defense Lawyer in Calgary
If you are being charged with drinking and driving, your vehicle has been towed, and your license has been suspended, our dedicated impaired driving defense lawyer can defend your charges. If you haven’t been drinking but have been charged with failure to provide a breath sample, Greg Dunn will defend you. It is of utmost importance when you are facing such criminal drunk driving charges to seek the aid of a competent, reputable impaired driving defence lawyer; consult Greg Dunn in Calgary, today – 1-403-775-4677.