Our client was found asleep in the front seat of his vehicle parked up against a road sign. Calgary citizens were concerned about his wellbeing so they called 911. When EMS arrived, 2 bottles of vodka were found on the passenger seat. Upon arrival, Calgary Police officers spoke with the client and immediately placed him under arrest. After being taken to the District Office for breath samples, it was alleged that A. refused to provide a sample. Mr. Wyman argued that the officers had the grounds to proceed with a screening demand on the basis of their observations but insufficient indicia of impairment existed for the arrest to be lawful. The argument was accepted and the client’s criminal charges as well as his provincial license suspension were dismissed.