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DUI : Driving Under the Influence; DWI : Driving While Intoxicated; OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; Impaired Driving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol in Canada over 80 mg/100mL;  Care  or Control:  Occupy seat normally occupied by operator in Canada,  act or series of acts  involving use of car , fittings or equipment


 

 

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DUI, DWI & Criminal Legislation in Ontario  

Criminal Code of Canada , section: 256(1)

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly. 

DUI Procedure/Evidence, Blood Warrant

256. (1) Subject to subsection (2), if a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice under section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that

(a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol or a drug, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and

(b) a qualified medical practitioner is of the opinion that

(i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his or her blood, and

(ii) the taking of samples of blood from the person would not endanger the life or health of the person,

the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, the samples of the blood of the person that in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol or drugs in the personís blood.

(2) A warrant issued pursuant to subsection (1) may be in Form 5 or 5.1 varied to suit the case.

(3) Notwithstanding paragraphs 487.1(4)(b) and (c), an information on oath submitted by telephone or other means of telecommunication for the purposes of this section shall include, instead of the statements referred to in those paragraphs, a statement setting out the offence alleged to have been committed and identifying the person from whom blood samples are to be taken.

(4) Samples of blood may be taken from a person pursuant to a warrant issued pursuant to subsection (1) only during such time as a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(b)(i) and (ii) continue to exist in respect of that person.

(5) Where a warrant issued pursuant to subsection (1) is executed, the peace officer shall, as soon as practicable thereafter, give a copy or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile of the warrant to the person from whom the blood samples were taken.

Comments : Whenever there has been an accident, there is an allegation of impairment by alcohol, and the police accompany the accused to the hospital, there is a strong possibility that hospital emergency room staff will draw blood, a trauma panel, for hospital purposes. Protocol requires that the hospital request the consent of the patient. Assuming that blood is drawn the police will often find a way to request that hospital staff advise them of the results. That may be a breach of hospital ethics but it seems to happen quite easily. Police may have a very close working relationship with nursing staff. Once police know that there has been a blood draw, that probably includes an alcohol and drug analysis, it is easy for the investigating officer to contact hospital administration, confirm that the accused was a patient (that blood was drawn and included an alcohol analysis) then swear out a search warrant application to seize hospital records. All this may happen without the consent of the accused or a right to counsel. The seized hospital documents are then sent to the Centre of Forensic Sciences for an opinion as to impairment.

In circumstances where the hospital staff cannot obtain the consent of the accused to drawing blood police may use the approach provided in this section to forcibly obtain blood from the accused by warrant. In Canada the blood must be drawn by a qualified technician under the direction of the qualified medical practitioner. Police cannot draw the blood themselves as they can in some other jurisdictions.

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See also Toronto DUI, Toronto DUI Attorney, Toronto DUI Lawyer, Toronto impaired driving lawyer, and Toronto lawyers

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. These lawyers do not practice in association. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.