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Before a police officer has the right to seize a sample of breath or blood there may be conditions precedent. In some jurisdictions, the seizure will not be lawful unless the police officer makes a formal Demand for such a sample upon reasonable grounds for such a formal Demand.  



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Canada                                                      Edit this Entry                     Cases for this Canada paragraph

Demands for Breath Samples: In Canada there are specific rules governing the lawfulness of approved screening device demands at roadside ,breath demands for the police station approved instrument , and blood demands.



See also: blood tests

See also: Demand

See also: Forthwith

See also: Coutts_Milne_Huff_White

See also: blood demand

See also: reasonably suspects

Links to legislation in International Referral Database:

Indiana : Accused rights in criminal prosecutions

New York : Seizure and Forfeiture of Vehicles used in the Unlicensed Operation of a Vehicle

Ontario : Alcohol Drug Evaluation Demand and Screening Procedure

Ontario : Failure or Refusal to Comply with a Demand

Ontario : Automatic 90 Day Suspension when Charged with Over 80 or Refusal

Ontario : Grounds for Appeal of ADLS

Ontario : 3 Day Suspension Over 50 mg/100mL

Ontario : Over 0 Novice Driver

Ontario : Approved Screening Device or Physical Tests Demand

Ontario : Breath Demand

Ontario : Presumption of BAC

Ontario : Refusal Offence

Ontario : Certificate of Qualified Technician

Ontario : Screening Demand with Reasonable Suspicion

Ontario : Screening Demand without Reasonable Suspicion - Random

Ontario : Breath Demand for AI Analysis

Ontario : Blood Demand

Ontario : DRE Demand

Ontario : Blood Demand

Ontario : Demand by DRE Officer for Urine or Blood

Ontario : Right to Counsel

Ontario : Blood Demand

Breath Instruments Links

Breath and Blood Departments and Standards Links


DUI Law: Words, Concepts, Issues, Terminology, and Ideas

DUI Law: Demand Information For Expression and Peer Review by Law Students, Articled Clerks, and Students-at-Law

Constructive Peer Review is Encouraged By and Among Judges, Lawyers, and Forensic Scientists and Technologists- Click an Add, Edit, or Update Link to Participate

This DUI Law Demand page is for expression by students of law and forensic science in understanding and peer reviewing important DUI Law: Demand concepts, words, issues, and ideas. This site is not intended to provide DUI legal advice to the public. Members of the public with DUI law questions should consult and retain a DUI lawyer or attorney for proper legal advice. Because this Demand information comes from many sources who may not be DUI law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this Demand information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.


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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. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review 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.

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
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.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.


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