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”.
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