The Alco-Sensor IV, which is the roadside breathalyzer that we use in BC, is a sturdy, nicely-designed device that is well suited for its purpose, i.e. to screen drivers to determine who should be subject to breath tests on an evidentiary breath tester. One of the reasons that they should never be used to justify punishing people is that they tend to get dropped regularly.
The usual mistake is to leave it on the roof or trunk lid of a police cruiser. When the officer hears it tumble off the car, there is a quick stop to retrieve the device. If you are a police officer and you drop the device, the last thing you want to do is report it to your supervisor. It would make you look like a fool. If the thing looks okay after you drop it, then you keep your mouth shut. If it does not look okay, then you better come clean.
Long before the IRP scheme, we knew this was a problem. Several clients have described this over the years — sitting in the cruiser after being arrested for Impaired / Over .08, and hearing something when driving away, then a quick stop and the officer getting out for just a second. It is a common mistake. And it is almost always unreported.
But if you click on the above, you will see a case where it was reported. Why was it reported? It was destroyed.
When the officer returned to the scene, he or she discovered their ASD had been run over. It had been killed by another motorist.
Had it not been run over, we doubt there would be any report. It would be in service this very weekend, perhaps indicating that everyone who tries it is refusing to blow.
The device was one used by the Port Mann Highway Patrol. It was a new unit, now deceased. If you have a drinking/driving case where an ASD was used, give us a call. If the police force was the RCMP Port Mann Highway Patrol, the evidence in your case may have been destroyed. So you should call us.
Many British Columbians would like to kill the breathalyzer. Whoever ran over this unit got to live the dream.