Ruling may clarify if belch could impact breathalyzer

The Supreme Court of Canada will hear an unusual case from Quebec to determine the necessary conditions under which a breathalyzer test can be conducted — and whether a belch can throw that process into doubt.

The case involves a suspected drunk driver who was not placed under the required 20 minutes of surveillance before the test. Marc Cyr-Langlois was arrested in July 2012 and was taken to a police station, where he was left alone for a period of time. At trial, Cyr-Langlois was acquitted. That ruling was overturned in Superior Court, which ordered a new trial. However, the Quebec Court of Appeal upheld the original acquittal, albeit with the dissent of one of three justices.

The 20-minute observation time is required to determine whether a suspected impaired driver vomited or belched prior to being tested, since either action might allow alcohol in the digestive system to make its way to the mouth and render the test less reliable. In this case, it was established Cyr-Langlois hadn’t vomited — but it was impossible to determine whether he had belched while left alone.

The dissenting opinion in the Court of Appeal decision noted there was nothing in the breathalyzer manual to suggest a belch could result in a false reading, nor what the technician should do if it did.

Judge Dominique Bélanger concluded it was impossible to say whether time spent unobserved would necessarily lead to improper use of the equipment. The Quebec association of defence lawyers had intervened during the Court of Appeal hearing in support of Cyr-Langlois. On Thursday, the Supreme Court announced it will hear the Crown’s challenge of the Court of Appeal decision.