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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: 254 (5)

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 Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests.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. 

Refusal Offense/Presumption, Refusal Offence

Failure or refusal to comply with demand

254.

(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

Comments : Offence of refusing to provide breath or blood sample, ASD, Intoxilyzer, or Breathalyzer. Reasonable excuse may include severe asthma, depending on expert evidence of a respirologist.

This section creates two breath refusal offences: refusal or failure to blow into a roadside screening device (ASD) and refusal or failure to blow into an Intoxilyzer at the police detachment.

If you wish to raise a medical defence you will need the in-person attendance of your asthma or other specialist doctor at the trial. A letter from your doctor is not enough. Retaining a medical doctor to come to Court will be extremely expensive and may be resisted by your doctor(s). The Ontario Medical Association has issued a letter to doctors suggesting that anyone, even persons with one lung, can blow into one of these devices. Most doctors have not conducted scientific testing with screening devices or evidentiary breath equipment and so their evidence or the letter from the OMA should be seen in that context.

Better defences may relate to failure to blow where the instrument or device is not being operated properly (e.g. wrong mouthpiece used on the ASD) or where there is an instrument malfunction (e.g. Intoxilyzer flow sensor or accidental re-calibration).

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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.