So if you can make the case that your client had to wait for the ASD to arrive, or such time went by between the time the officer formed his opinion of alcohol in the body and the time he made the ASD demand, or the Crown can't prove he formed the opinion at all, you can establish violations per Charter ss. 8,  and 10(b), and possibly s. 9.

Under the new legislation, as long as the ASD is in the possession of the officer, that dispenses with the grounds. The gov't is going to argue that that is ok because it's "minimally intrusive." The existing caselaw says that your Charter rights are suspended if the demand is made forthwith, compliance can be had forthwith, and there is grounds (opinion of alcohol in the body). That all has to happen pretty much at once. Your charter rights are still breached, but the breach is saved by s. 1 because it's minimally intrusive.

The gov't is going to argue that it's still minimally intrusive even if there are no grounds, as long as the ASD is there.