‘I could not blow into it’: Woman taking MPI to court over breathalyzer test

A Manitoba senior has launched a judicial review over the fallout of a roadside breathalyser test.

A Manitoba senior is taking the province’s public insurer to court, arguing she unfairly lost her licence because she couldn’t muster the lung power to complete a roadside breathalyzer test.

According to a notice of application for a judicial review filed in Manitoba’s Court of King’s Bench in March, it all started on the morning of Nov. 1, 2024.

The notice said Sharon Hosco, now 77, was pulled over for speeding, but during the traffic stop an RCMP officer required her to provide a breath sample.

“He asked me to do the breathalyzer and I tried to blow into it. He let me try 12 times and I could not blow into it,” Hosco said in an interview with CTV News.

The notice said Hosco has various medical conditions that make breathing difficult — including a probable diagnosis of chronic obstructive pulmonary disease (COPD).

According to the notice, the officer cautioned Hosco for criminal refusal, as none of her breaths were strong enough to generate a reading on the breathalyzer. This led to a 90-day licence suspension and an immediate vehicle impoundment, with her case proceeding administratively rather than criminally.

“I couldn’t believe that this was happening to me, because I do not drink, and I have not had any alcohol since my 50th surprise birthday party. And I’m 77, so that’s a long time,” she said in the interview.

Hosco said she believes her breathing issues are at fault, noting she was a smoker for 33 years and hasn’t been able to blow up a balloon since at least 2007. To make matters worse, she said she tested positive for COVID-19 the same night she was pulled over.

The court document said Hosco filed for an administrative review with Manitoba Public Insurance (MPI), but was told the suspension and resulting fines and consequences would be upheld.

According to Hosco’s notice filed in court, MPI did not provide her any reasons for the decision other than a letter which reads: “Based on the balance of probabilities, you operated a conveyance and refused or failed to comply, without reasonable excuse, with a demand made by a peace officer.”

The notice said MPI gave no consideration to Hosco’s credibility, overall health issues, or her right to counsel. It noted in order for Hosco to get her licence back, MPI required her to have an Ignition Interlock Device installed in her car.

Hosco told CTV News, like the breathalyzer, she’s not able to provide a strong enough breath to activate the device to start her vehicle.

“I don’t think it’s fair I could not blow into the breathalyzer, so I lose my licence, and I can’t get my licence back because I can’t blow into the immobilizer,” she said, fearing she may not ever get her licence back.

Hosco’s lawyer, Ryan Poirier, said he wants to see the licence restored.

“But aside from that, we would like the court to find that this system should be made better for Manitobans,” he said.

Poirier said he wants the court to direct MPI to provide more specific reasons when issuing long-term licence suspensions, and ensure police give people the right to counsel when conducting roadside impaired driving investigations.

He said they are in discussions with MPI.

In a statement to CTV News, a spokesperson for MPI said they can’t comment on specific cases due to privacy reasons.

“To be clear, legislation requires an ignition interlock device to be installed following certain roadside suspensions. This is not at the discretion of MPI,” the statement reads in part.

Arguments are set to be heard in court on Oct. 9.