What is the test for blood alcohol screening under s. 234.1 of the Criminal Code?

With respect, I would not fasten too quickly on the reasons in Chromiak v. The Queen (supra) because that case involved roadside screening rather than the more complex and serious tests under s. 236 of the Criminal Code to determine blood alcohol levels. In comparison with a roadside A.L.E.R.T. test under s. 234.1, a person confronted with a demand under s. 235(1) of the Criminal Code is in a serious position both from the standpoint of criminal and civil liability. The situation has passed well beyond the “stopping” stage. Decisions made by a person confronted with such a demand may trigger unnecessary difficulties with the law if the individual, before deciding on a course of action, is not accorded the fundamental rights guaranteed under s. 10(b) of the Charter. Legal advice at this crucial stage is important when it comes to dealing with even the most basic questions such as whether or not the subject must comply with the demand and the consequences if he does not. Questions such as whether or not reasonable and probable grounds exist and the time frame for the tests warrant professional legal advice. If a person may be subjected to criminal prosecution and penalties, or deprived of his operator’s license under provincial legislation or adversely affected in some other way such as loss of statutory insurance coverage, then the right to counsel imports the right to advice on these complex issues as soon as possible after the making of the demand.