Ontario

Legislation Sections Database at defencecounsel.com for:

DUI Procedure/Evidence

Presumption of BAC

Bill C-46

Section number:

320.31

Presumption of BAC

Breath samples test

320.‍31 (1) If samples of a person's breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the person's blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same   or, if the results of the analyses are different, the lowest of the results is conclusive proof of the person's blood alcohol concentration at the time when the analyses were made   if

(a) before each sample was taken, the qualified technician conducted a system blank test the result of which is not more than 10 mg of alcohol in 100 mL of blood

 

and a system calibration check the result of which is within 10% of the target value of an alcohol standard that is certified by an analyst;

(b) there was an interval of at least 15 minutes between the times when the samples were taken; and

(c) the results of the analyses, rounded down to the nearest multiple of 10 mg, did not differ by more than 20 mg of alcohol in 100 mL of blood.

New legislation in force December 18, 2018.

 

An air blank of 000 and a properly conducted cal. check of 090 to 110 are conditions precedent to the operation of this section.

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