Who is responsible for making the Breath Demand when Impaired Operation is suspected?

The breath demand is a formal request made by a police officer for a driver to provide a sample of breath for testing when there is reasonable suspicion of impaired operation. This responsibility lies with the officer who has formed the grounds for the suspicion of impairment. This means that the officer has gathered enough evidence through observations, behavior, or other indicators to believe that the driver may be operating a vehicle under the influence.

In cases of impaired operation, it is essential that the encountering officer has made a direct assessment, as they are the ones who have witnessed the behavior or circumstances that raise concerns about the driver’s sobriety. This ensures that the breath demand is not only legitimate but also justified based on the specifics of the situation, reflecting the officer’s training and understanding of impaired driving laws.

The other roles mentioned, such as a designated breath technician, witnesses, or supervisors, do not have the authority to issue a breath demand unless they have direct involvement in assessing or observing the signs of impairment. The technician is responsible for conducting the breath test once the demand has been made, witnesses can report occurrences but do not have the authority to initiate a formal demand, and supervisors provide oversight and support but are not directly involved in making the decision based on observed impairment.