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DUI Approved Instrument

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An instrument that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood.  

 

 

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Canada                                                      Edit this Entry                     Cases for this Canada paragraph

In Canada, an "approved instrument" is defined by the Criminal Code of Canada section 254 as:

""approved instrument" means an instrument of a kind that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of that person and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;"

A number of breath instruments have been designated by regulation as approved instruments. An "approved instrument" is assigned a special pedigree for purposes of the breath Demand section 254 of the Criminal Code and the presumption section 258 of the Criminal Code.

An "approved instrument" is not the same thing as an "approved screening device".

Approved Breath Analysis Instruments Order

Order Approving Certain Breath Analysis Instruments as Suitable for the Purposes of Section 258 of the

Criminal Code

SHORT TITLE

1. This Order may be cited as the Approved Breath Analysis Instruments Order.

APPROVED INSTRUMENTS

2. The following instruments, each being an instrument of a kind that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of that person, are hereby approved as suitable for the purposes of section 258 of the Criminal Code:

(a) Breathalyzer ®, Model 800;

(b) Breathalyzer ®, Model 900;

(c) Breathalyzer ®, Model 900A;

(d) Intoximeter Mark IV;

(e) Alcolmeter AE-D1;

(f) Intoxilyzer 4011AS;

(g) Alcotest® 7110;

(h) Intoxilyzer ® 5000 C;

(i) Breathalyzer®, Model 900B;

(j) Intoxilyzer 1400;

(k) BAC Datamaster C;

(l) Alco-Sensor IV-RBT IV;

(m) Breathalyzer® 7410-CDN with Printer;

(n) Alco-Sensor IV/RBT IV-K; and

(o) Alcotest 7110 MKIII Dual C.

SI/92-105, s. 2; SI/92-167, s. 1; SI/93-61, s. 1; SI/93-175, s. 1; SOR/94-422, s. 1; SOR/94-572, s. 1; SOR/95-312, s. 1; SOR/2000-200, s. 1; SOR/2002-99, s. 1.

SOR/2007-197 August 29, 2007

(p) Intoxilyzer ® 8000 C; 

 

 

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Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A are "approved instruments" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.

 

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