DUI DWI: International Referral

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DUI, DWI & Criminal Legislation in Ontario  

Bill C-46 , section: 320.14

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Substantive DUI/Excess Alcohol Offense, Operate Conveyance While Impaired/Over 80

320.‍14 (1) Everyone commits an offence who

(a) operates a conveyance while the personís 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.

Comments : New legislation in force mid-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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