Instructor Materials

Sample Instructor Materials (Legal Concerns)

Introduction

There are a variety of legal concerns that have been raised regarding the use of alcohol interlocks with drunk driving offenders. These challenges relate to alternate explanations that may account for alcohol-positive readings to enable the offender to avoid sanctions or to factors that may reduce the likelihood that the device would be applied by the program authority as a sanction.

Alternate explanations for alcohol-positive readings may pertain to the way that the body metabolizes alcohol and how these processes can affect the alcohol readings captured by the device, the way that mouth alcohol can produce alcohol-positive readings, and what foods may result in alcohol-positive readings. Offenders may raise these issues or suggest that another driver was responsible for the alcohol-positive reading in order to provide an alternate explanation for alcohol-positive readings and avoid additional sanctions. In these instances, it is important that the court select an objective an unbiased expert witness who can respond to these challenges.

Other legal strategies that defence counsel may raise in order to discourage the program authority from applying the alcohol interlock device as a sanction to impaired drivers relates to the inconvenience the device may pose for family members, medical conditions that may make it difficult to provide a breath sample, the cost of the device and monitoring, and indigency.

Questions that are frequently raised and answers to them are provided below to assist program authorities in responding to such challenges.

Questions & Answers

General Questions

1)	How is alcohol metabolized by the body?
2)	What case law exists on alcohol interlocks?
3)	What types of foods are likely to interfere with a breath alcohol reading?
4)	Is it possible to attribute a specific breath test to a particular driver?
5)	Who can/should be certified as an expert witness to give testimony about alcohol interlocks?
6)	Is the alcohol interlock an inconvenience to other family members?
7)	What about persons who are unable to provide a sufficient breath sample?
8)	How much does the alcohol interlock cost?
9)	How do jurisdictions determine indigency for the purposes of an alcohol interlock program?

Downloads

Instructor Questions and Answers -Word file
Instructor Slides - PowerPoint file

Student Handout - Word file

Conclusion

As with any type of technology there are a variety of legal concerns and challenges that are raised in court regarding the use and reliability of alcohol interlocks. This is commonplace and it is expected that a variety of concerns in relation to the use of these devices and other technologies will continue to be raised in the courts in the future.

Legal challenges that are commonly raised by the defence often involve alternate explanations for alcohol-positive readings. Essentially, the defence attempts to develop plausible reasons for alcohol-positive readings captured by the device that may assist the offender in avoiding additional sanctions. Alternate explanations often relate to how alcohol is metabolized by the body, mouth alcohol, the way that foods can produce positive readings, and other drivers that are responsible for alcohol-positive readings. In these instances, it is important that the court select an objective and unbiased expert witness who is able to address these challenges and provide evidence and testimony that meets court rules of evidence.

The defence may also endeavour to provide the program authority with reasons to excuse the offender from participating in the alcohol interlock program. These reasons may relate to the inconvenience the device may pose for family members, the ability of the offender to provide an adequate breath sample, cost, and indigency.

Such challenges relating to the device or the application of the device to an offender can be easily refuted with the availability of good information.