Can a police officer make a roadside breathalyzer demand?

[29] A police officer lacking reasonable and probable ground to make a demand to a person to provide breath samples in a breathalyzer machine, may pursuant to section 254(2) of the Criminal Code, make a roadside screening demand, in an Approved Screening Device (ASD), if the officer “reasonably suspects” that a person operating a motor vehicle “has alcohol” in his or her body. That is to say, a peace officer can request the screening test merely upon entertaining a reasonable suspicion that alcohol is in a person’s body. A “fail” result may be considered, along with any other indicia of impairment, in order to provide the police officer with the necessary reasonable and probable grounds to make a breathalyzer demand. In order to satisfy this requirement, the officer must have both objective and subjective grounds for this suspicion. (see R v. Bernshaw 1995 CanLII 150 (SCC), 1995 CanLII 150 (S.C.C.)