DUI DWI: International Referral

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DUI, DWI & Criminal Legislation in Ontario  

Bill C-46 , section: 320.28

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DUI Procedure/Evidence, Demand by DRE Officer for Urine or Blood

Samples of bodily substances

(4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe that one or more of the types of drugs set out in subsection (5) ó or that a combination of alcohol and one or more of those types of drugs ó is impairing the personís ability to operate a conveyance, the evaluating officer shall identify the type or types of drugs in question and may, by demand made as soon as practicable, require the person to provide, as soon as practicable,

(a) a sample of oral fluid or urine that, in the evaluating officerís opinion, is necessary to enable a proper analysis to be made to ascertain the presence in the personís body of one or more of the types of drugs set out in subsection (5); or

(b) the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to ascertain the presence in the personís body of one or more of the types of drugs set out in subsection (5) or to determine the personís blood drug concentration for one or more of those types of drugs.

Types of drugs

(5) For the purpose of subsection (4), the types of drugs are the following:

(a) a depressant;

(b) an inhalant;

(c) a dissociative anaesthetic;

(d) cannabis;

(e) a stimulant;

(f) a hallucinogen; or

(g) a narcotic analgesic.

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