IRP Review Case Studies

A driver was stopped and given a Fail IRP. He retained a lawyer to review his case. A Forensic Alcohol Expert provided a review of the file documents and reported a discrepancy in the serial numbers of the Approved Screening Devices (ASDs). This report was submitted to the IRP review and the lawyer argued the IRP should be revoked because there was uncertainty in the accuracy of the ASDs. The RoadSafetyBC adjudicator agreed so the IRP was revoked and the driver’s towing and storage costs were reimbursed.

A driver was stopped and given a Fail IRP. He retained a lawyer to review his case. A Forensic Alcohol Expert reviewed the file and discovered the dry gas alcohol standard used to check the calibration of the ASDs had expired. Counsel argued the error made the ASD tests invalid; the adjudicator agreed and revoked the IRP.

A driver provided a Fail and was given an IRP. The police officer provided certificates of a qualified ASD calibrator, which confirmed both devices were operating correctly. Sworn affidavits were provided from a friend and from the driver’s father confirming the last beer was finished a few minutes before leaving the bar. A Forensic Alcohol Expert calculated the blood alcohol concentration (BAC) would not have exceeded 37 mg% based on the reported, and witness-supported, drinking pattern. The IRP adjudicator wrote “Given the overwhelming evidence that your BAC would not have been close to returning “FAIL” results, I find it more likely than not that they were affected by residual mouth alcohol. I am not satisfied that the ASD results were reliable.” The IRP was revoked.