To all Albertans:

First, let me be very clear that I support the goals of SafeRoads Alberta to ensure that impaired drivers are off the road. Unfortunately, under current administrative policies, SafeRoads Alberta is not only catching and convicting impaired drivers, but is catching and convicting innocent people.

I am particularly concerned with how the regulations surrounding the use of roadside breathalyzers impact Albertans who are willing but unable to complete a successful test.  Currently, the roadside breathalyzer used in Alberta is the ASD-1 Alco-Sensor FST and provides four potential results: 

1.     Under the legal limit

2.     Over the legal limit

3.     Refusal to blow into the device

4.     Blowing into the device but unable to complete a successful test

Results two through four all have the same consequences, i.e. the impounding of the vehicle, loss of the driver’s license, Notice of Administrative Penalty (NAP), etc. Also, results three and four are both categorized as “Failure to Comply”.  This means that sober drivers who are willing but unable to blow successfully are treated in the same manner as an impaired driver who refuses to complete a test. The current law does not differentiate between the two.

The introduction of SafeRoads Alberta also introduced the policy that a roadside breathalyzer test is now an administrative process along with the concept “Guilty until proven innocent”. This change results in the expectation that all Albertans that drive, will be able to complete a successful breathalyzer test on demand.  This expectation is unrealistic. There is a range of health problems from asthma to chronic lung disease to anatomical restrictions or even age-induced frailty or mental health issues such as anxiety that can make it impossible for a person to blow hard enough to complete the test. Since there is no way for these drivers to prove their medical status and sobriety to the attending officer, they can easily be trapped in the system, spending thousands of dollars to prove their innocence, regain their vehicles and drivers’ licenses. Many Albertans have already experienced this.

Given the serious consequences that seizure of a vehicle and loss of a license can have on innocent people, I recommend the following changes to the SafeRoads Alberta policy:

1.     Change the nomenclature around testing, specifically divide the “Failure to Comply” result into the more accurate “Refusal to comply” and “Unable to complete”.

2.     Provide officers alternative tools for drivers who are “Unable to complete” the roadside breathalyzer test when it is obvious no alcohol or drugs are present. For instance, officers could use an Alco-Screen O2 Oral Fluid (Saliva) Alcohol Test which can detect alcohol results in four minutes.

https://www.drugtestkits.ca/alco-screen-02-oral-fluid-saliva-alcohol-test-dot-approved.html 

In addition, SafeRoads Alberta could consider implementing roadside blood tests or the transportation of the driver to the nearest medical facility or police station for blood tests. 

3.     Add a new category or marker to drivers’ licenses, enabling Albertans to flag documented medical conditions that would exempt them from roadside breathalyzer tests and ensure that they receive an alternate test such as a saliva or blood test instead. 

4.     All Approved Screening Devices (ASD) have unique serial numbers. Therefore, all ASD should be inventoried and tested by a separate independent unit. The working ASD should be provided to the officers going into the field by a separate and independent unit. Recommend that all malfunctioning ASD should be immediately reported and removed from the field. Officers should not have access to more than two ASD in the field at any one time and are not to be shared with other officers.

5.     Make the SafeRoads Alberta Review process more accessible and transparent by extending the time period for submission of evidentiary documents such as medical results. The current 7 days is not adequate to book an appointment with a doctor, have medical exams and obtain medical test results. 

6.     Better training of Adjudicators, especially those that take liberties in making assumptions without seeing any evidence and choose to omit commenting on critical evidence. Encourage Adjudicators to omit bias in their decisions. Most Adjudicators have displayed a bias in their decisions. 

7.     SafeRoads Alberta has now introduced roadside breathalyzer tests to a larger audience. Officers should be better trained to recognize mental health issues (DSM-V) such as anxiety or medical conditions that could prevent completion of a roadside breathalyzer test.

I appreciate the Alberta government’s commitment to ensuring the safety of Albertans. However, the government also needs to protect innocent Albertans who are currently being harmed by an unnecessarily rigid policy framework and help them avoid the financial and emotional stress and mental anguish from being charged with an alcohol related offence when no alcohol is involved.

Please sign this petition if you agree with the proposed changes. Also, below is the contact information to our politicians if you have had an experience with the SafeRoads Alberta that you would like to share.

Sincerely,

S. Lacusta

I feel it is important to let the politicians know how their programs are working is by contacting them.

Please use the contact information below to share your experience with a roadside breathalyzer test, what happened during the appeal process and your support for the recommendations in this petition.

Contact information:

Honourable Premier Danielle Smith, ECA

Premier of Alberta, President of Executive Council

Minister of Intergovernmental and International Relations

premier@gov.ab.ca

Honourable Mickey Amery, ECA, KC

Minister of Justice

Deputy Government House Leader

ministryofjustice@gov.ab.ca

Honourable Devin Dreeshen, ECA

Minister of Transportation and Economic Corridors

transportation.minister@gov.ab.ca

Honourable Mike Ellis

Minister of Public Safety and Emergency Services

(includes SafeRoads Alberta)

PSES.minister@gov.ab.ca

MLA Contact 

https://www.assembly.ab.ca/members/members-of-the-legislative-assembly