DUI DWI: International Referral

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DUI, DWI & Criminal Legislation in Ontario  

Criminal Code of Canada , section: 254(3)

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DUI Procedure/Evidence, Blood Demand

(3) Where a peace officer believes on reasonable and probable grounds that a person is committing, or at any time within the preceding three hours has committed, as a result of the consumption of alcohol, an offence under section 253, the peace officer may, by demand made to that person forthwith or as soon as practicable, require that person to provide then or as soon thereafter as is practicable

(a) ... , or

(b) where the peace officer has reasonable and probable grounds to believe that, by reason of any physical condition of the person,

(i) the person may be incapable of providing a sample of his breath, or

(ii) it would be impracticable to obtain a sample of the personís breath,

such samples of the personís blood, under the conditions referred to in subsection (4), as in the opinion of the qualified medical practitioner or qualified technician taking the samples

are necessary to enable proper analysis to be made in order to determine the concentration, if any, of alcohol in the personís blood, and to accompany the peace officer for the purpose of enabling such samples to be taken.

(4) Samples of blood may only be taken from a person pursuant to a demand made by a peace officer under subsection (3) if the samples are taken by or under the direction of a qualified medical practitioner and the qualified medical practitioner is satisfied that the taking of those samples would not endanger the life or health of the person.

Effective July 2, 2008, this section is amended as follows:

(3) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under section 253 as a result of the consumption of alcohol, the peace officer may, by demand made as soon as practicable, require the person

(a) to provide, as soon as practicable,

(i) ... or

(ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to obtain a sample of breath, samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the personís blood; and

(b) if necessary, to accompany the peace officer for that purpose.

(3.4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe, based on the evaluation, that the personís ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable,

(a) a sample of either oral fluid or urine that, in the evaluating officerís opinion, will enable a proper analysis to be made to determine whether the person has a drug in their body; or

(b) samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine whether the person has a drug in their body.

(4) Samples of blood may be taken from a person under subsection (3) or (3.4) only by or under the direction of a qualified medical practitioner who is satisfied that taking the samples would not endanger the personís life or health.

Comments : Evidentiary blood analysis in Ontario is usually done at the Centre of Forensic Sciences in Toronto. Some of the issues in such testing relate to:

Particulars of how many vessels of blood were drawn from the accused and when.

Particulars of the Vacutainer(s) or other vessel(s) used to collect the blood.

Particulars of where the blood was stored before analysis.

A copy of all computer records tracking the blood for the ďALCOHOL-ETHANOLĒ analysis and any other analysis.

The notes by technicians of inspection of any blood drawn from the accused prior to analysis.

The method by which the blood analysis technician knew that he or she was working with the blood of the accused.

The continuity report from any Laboratory Information Management System or similar system.

The method, protocol, and notes of the blood analysis technician.

The make, model number, and serial number of the gas chromatograph or other analyzer, used with the blood of the accused, and any accessory equipment.

The method of quantification of the volume of each blood sample analyzed.

The maintenance log for the gas chromatograph or other analyzer and accessory equipment.

The log of control checks for the gas chromatograph or other analyzer for one month prior and one month after any analysis of the blood of the accused.

The certification records for the gas chromatograph or other analyzer for the prior year.

Particulars of the internal standard or standards used for the blood tests.

Particulars of the blank tests run immediately prior to and after the blood tests and printouts thereof.

The log of the locations of blood on the sample tray.

Details of any replicate analysis of the blood.

The measurement uncertainty for the analysis or analyses of blood sample(s) and control checks.

Any chromatogram or printout from the analyzer.

The method of calculation of any area under the curve.

The location where each blood sample was stored after analysis.

The method by which results were communicated.

The most recent lab accreditation for the lab and exclusions thereto.

The chain of custody of the blood samples allegedly drawn pursuant to the police demand.

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