The driver went through a roadblock and exhibited minimal symptoms of impairment. The driver was honest to the office and admitted to consuming 3 beers throughout the evening. The driver provided two “Fail” readings into the Approved Screening Device (ASD). The devices were calibrated properly and were not expired. The driver was issued a 90 Day Immediate Roadside Prohibition.

Despite that the ASDs registering a fail, the driver’s blood alcohol content was less than 80 mg% at the time of driving. The driver’s sworn evidence was that he consumed 3 beers earlier in the evening and that no other alcohol was consumed. The evidence of the driver was corroborated by two witnesses. The sworn evidence of the driver and his companions, the Expert Report and the minimal symptoms in the officer’s report all supported that the driver had a blood alcohol content below 80 mg% at the time of driving.

“I am satisfied that your blood alcohol was less than 80 mg% at the time of driving.”

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.