A Chase man has joined a constitutional challenge against breathalyzer rules.

Jimmy Forster lost his license and had his car impounded because he technically broke impaired driving laws because he couldn’t blow hard enough to register a result.

Acumen Law’s Kyla Lee says this is another example of innocent people paying the price for a law so faulty it never should have been passed.

“A lot of people are very cynical about that because they figure that it is not that hard to blow into breathalyzers. I have seen numerous police reports and have had numerous clients report to me that officers tell them it is so easy my 80 year old grandmother can do it. Well I have tried to administer the test on my grandmother who is in her eighties and she could not do it.”

Lee was asked if there is any recourse for people with breathing related health conditions when they are asked to submit to a breathalyzer test.

“No there is not. That is one of the greatest problems that we have now with the way this random breath testing is being deployed particularly here in British Columbia. Here we punish people immediately at the roadside like Mr. Forster was punished on the basis on their failure to provide a sample into the device. Whether or not it was intentional the burden is on you to prove that you didn’t intentionally fail to provide a sample. ”

Forster who suffers from breathing problems has joined others in filing the constitutional challenge who have breathing issues from asthma to mouth cancer who have run afoul of random breathalyzer testing.