Ontario

Legislation Sections Database at defencecounsel.com for:

Substantive DUI/Excess Alcohol Offense

Operate Conveyance While Impaired/Over 80

Bill C-46

Section number:

320.14

Operate Conveyance While Impaired/Over 80

Operation while impaired

320.‍14 (1) Everyone commits an offence who

(a) operates a conveyance while the person's ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Operation causing bodily harm

(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.

Operation causing death

(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

Operation   low blood drug concentration

(4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)‍(c).

Exception   alcohol

(5) No person commits an offence under paragraph (1)‍(b) if

(a) they consumed alcohol after ceasing to operate the conveyance;

(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and

(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.‍31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.

Exception   drugs

(6) No person commits an offence under paragraph (1)‍(c) or subsection (4) if

(a) they consumed the drug after ceasing to operate the conveyance; and

(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

Exception � combination of alcohol and drug

(7) No person commits an offence under paragraph (1)‍(d) if

(a) they consumed the drug or the alcohol or both after ceasing to operate the conveyance;

(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and

(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.‍31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.‍38(c).

New legislation in force December 18,2018.

For those Canadian defence lawyers who want to prepare for the effects of Bill C-46 on over 80 and impaired law, I have created discount coupons (about 10% off) on my 3 online Udemy courses:

1. Basic course: This course is good for those who want to know the basics of DUI defence and start to prepare for cross-examinations of breath techs under Bill C-46.

How Do I Fight a DUI charge? Attorneys and Lawyers in Canada

2. Intoxilyzer Sequences Course: If you can't take one of my in-office hands-on courses using Intoxilyzers, this is the best substitute. The focus is on the command sequences and proper operator procedure:

Defense of a DUI Breathalyzer Charge by an Ontario Attorney

3. Wet-bath Simulators Course: Under Bill C-46 our defences will be limited. Our focus will often be on the control tests and air blanks. Intermediate level students need to build a good grasp of how the wet-bath simulators are used in Ontario and how the dry gas alcohol standard is used in western Canada.

DUI Defence in Canada: wet-bath simulator alcohol standard

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