DUI DWI: International Referral Database of DUI, DWI, Impaired and Drunk Driving, Drinking and Driving, Lawyers & Attorneys

State or Province | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts  | Articles  
Add Attorney
| Add Courthouse | Add DMV Office | Add Legislation | Add Instrument | Add Standards
Home
| Debate | Adding Your Firm 
Words are used in Canada? DUI | DWI | Drunk Driving | Drinking and Driving | DUI LawsDWI Laws | Ontario dui | Ontario dui laws | Impaired Driving | Toronto DUI | Brampton DUI | Mississauga DUI

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


 

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine
Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine
Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

 

 

 

Calibration Checks, Analysis,  or Temperatures Noted Outside ATC Standards

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

Associated Instruments and SAS:

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine
Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine
Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine
Database Results Error
Description: System resource exceeded.
Number: -2147467259 (0x80004005)
Source: Microsoft JET Database Engine

 

Police officers, Crown Attorneys, defence lawyers, toxicologists, and forensic technologists are invited to suggest correction of any errors or omissions by contacting Stephen Biss at 905-273-3322, 1-877-273-3322 or biss@lawyers.ca.

 

Excerpts from: RECOMMENDED STANDARDS AND PROCEDURES OF THE CANADIAN SOCIETY OF FORENSIC SCIENCE ALCOHOL TEST COMMITTEE, Can. Soc. Forens. Sci. J. Vol. 36. No 3 (2003) pp. 101–127

  1. "the determination of blood alcohol concentrations (BACs) by means of breath tests is a scientific process and, for that reason, must be performed according to proper scientific practices and standards established by scientists with specific knowledge of the subject." (page 101)

  2. "In the development of standards and procedures for a breath testing program, and to facilitate interpretation, it must be recognized that units of breath testing equipment are scientific instruments used for scientific measurements. The only difference is that breath test instruments are operated in a setting different from the traditional laboratory conditions. Nevertheless, the primary goal of these standards and procedures is to provide a quality system which considers the interests of the criminal justice system. Where necessary and appropriate, limitations of operating in a non- laboratory environment are considered." (page 102)

  3. "These standards are consistent with established quality assurance principles used in other scientific measurements. It must be recognized, however, that consistent with other quality assurance practices, all standards do not necessarily have a direct bearing on the result, only on the overall quality system that is in place. As such, the standards and procedures contained herein are intended as recommendations to encourage the development of a quality system or best practices within a breath test program. They are not to be considered as required elements of proof additional to those already provided in the Criminal Code." (page 102)

  4. "Instruments presented for evaluation shall be commercially available production units. Where the manufacturer produces Instrument variations, through significant modifications of integral components and functions, the Instrument presented for evaluation shall be clearly identified by a model designation." (page 104)

  5. "Instruments shall comply with generally recognized safety requirements." (page 104)

  6. "Alcohol Standards - l. An aqueous solution which contains ethyl alcohol in such a concentration that, at a specified temperature, the vapour in equilibrium with the solution will produce a specified result with a properly calibrated Approved Instrument. Solutions of different concentrations from those outlined below may be used provided that the concentration is within ± 0.03 milligrams of ethyl alcohol per millilitre of the required concentration unless otherwise specified." (page 107)

  7. "b. For use with a "simulator": A solution to produce a result of 100 mg/100 mL at 34.0°C with an Instrument calibrated according to a blood/breath ratio of 2100/1 shall be prepared to contain 1.21 ± 0.03 milligrams of ethyl alcohol per millilitre of solution." (page 107)

  8. "V MAINTENANCE AND MODIFICATIONS Proper calibration and/or calibration check procedures are the primary means of assuring accuracy of the Approved Instrument, Approved Screening Device and accessory equipment at the time of use. In addition to these calibrations and/or calibration checks, formal maintenance procedures are essential to the integrity of the breath test program." (page 113)

  9. "A. Inspections All Approved Instruments, Approved Screening Devices and accessory equipment intended for active use in the program shall be individually inspected before being placed into service, and periodically thereafter, to ensure that they initially meet, and continue to meet the manufacturer’s specifications. The recommended interval between inspections is one year. All inspections shall be performed by persons deemed by the Program Director to meet the qualifications described in paragraph V.C. below. Accessory equipment includes simulators, equilibrators or other equipment required for the use or calibration of Approved Instruments and Approved Screening Devices." (page 113)

  10. "C. Qualifications of Maintenance Personnel The Program Director shall ensure that persons performing preventative maintenance and/or periodic inspections on Approved Instruments, Approved Screening Devices and accessory equipment have:
    a. Appropriate training in the maintenance of all components of the respective Approved Instruments, Approved Screening Devices and accessory equipment.
    b. Detailed manuals for the procedures necessary to determine that the Approved Instruments, Approved Screening Devices and accessory equipment are in proper working order and continue to meet the manufacturer’s specifications. (page 113)

  11. "E. Maintenance Logs A maintenance log shall be kept for each Approved Instrument, Approved Screening Device and accessory equipment in active use in the program. Logs should include the results of all inspections, documentation of the maintenance history including records of parts replaced and approved modifications to hardware or software." (page 114)

  12. "A. Approved Instruments Before an Approved Instrument is placed into service at a location, a Qualified Technician must ensure that the location is adequate for effective secure operation and has adequate ventilation. There must be sufficient space for the Approved Instrument, the simulator/equilibrator/dry gas Alcohol Standard cylinder, the Qualified Technician, the test subject and, if required, one observer. The Qualified Technician must also ensure that the power supply is adequate for the proper operation of the Approved Instrument, and that the Instrument is surge-protected. The immediate vicinity of the Approved Instrument must be free from drafts." (page 114)

  13. "l. The subject shall not have consumed or placed alcohol (or any other substance that may interfere with the test) in the mouth for at least fifteen minutes prior to the collection of a breath sample." (page 114)

  14. "3. A system calibration check shall be conducted and shall give a reading within ±10 mg/100 mL of the expected reading with an Alcohol Standard specified in the range of 100–200 mg/100 mL." (page 114)

  15. "b. Where a simulator is used for the calibration check, the temperature of the Alcohol Standard shall be within the range of 33.8° to 34.2°C. The use of a portion of a batch/lot of Alcohol Standard in a simulator with a non-recirculating system shall not exceed seven days or sixteen calibration checks, whichever occurs first. For a simulator with a recirculating system, use shall not exceed fifteen days or fifty calibration checks, whichever occurs first." (page 114)

  16. "4. Readings for the blank and calibration checks shall be recorded to the nearest milligram and shall not be truncated." (page 115)

  17. "5. Two samples of deep lung breath collected at least fifteen minutes apart shall be tested. 
    a. Readings of breath tests shall be truncated before being reported.
    b. If the reported results of two tests differ by more than 20 mg/100 mL, a third sample should be collected and tested.
    c. If more than two samples of breath are necessary for a "proper analysis" as specified in the Criminal Code, a certificate of a Qualified Technician should not be tendered into evidence; the Qualified Technician should present viva voce testimony." (page 115)

  18. "6. During performance of breath tests, no radio transmissions shall be made from the room in which the Approved Instrument is being operated." (page 115)

  19. "B. Approved Screening Devices 
    l. The calibration of the Approved Screening Device shall be checked with an Alcohol Standard at least bi-weekly by a Screening Device Calibration Technician" (page 116)

  20. "3. The results of the calibration check shall be recorded in an appropriate log which shall be available to users of the Screening Device." (page 116)

  21. "6. A check to determine that the Screening Device is ready to receive a sample shall be conducted before the subject is tested."

  22. "7. A test on a subject shall not be conducted until at least fifteen minutes after the time the subject states alcohol has last been consumed." (page 116)

  23. "8. The Screening Device shall be operated according to the manufacturer’s recommendations." (page 116)

    .

    Notes:

    bullet
    This site is designed to encourage fair professional discussion among police officers,  lawyers, toxicologists, and judges respecting the appropriate use of these instruments. Please report any inappropriate or unfair comments forthwith to biss@lawyers.ca.
    bullet
    Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
    bullet
    Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A are "approved instruments" in Canada.
    bullet
    Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.

     

     

 

 

| DUI DWI Practice Descriptions, Links, and Profiles | DUI DWI Summaries of Law | Search by Region, County, City | First Appearance in DUI Court DWI Court | Members OnlyAdd Your Firm | Delete | Privacy |

For Ontario DUI DWI  impaired driving criminal law information please visit  www.lawyers.ca 

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.