Add or Edit a General Definition of this Concept All Cases
Add a Paragraph for Your State or Province
Add a Paragraph for Your Country
Ontario Edit this Entry Cases for this Ontario paragraph
If driving occurs at 19:00 but breath instrument or blood tests occur at 23:00 is it fair and scientific to assume that the blood alcohol concentration at 23:00 is the same as that at 19:00? Probably not. Absent an opinion from an expert who can testify an opinion as to the absorption, distribution, and elimination of alcohol in the blood, and the usual rates thereof, it would be impossible for the prosecutor to prove blood alcohol concentration (BAC) at time of driving. To solve this problem various jurisdictions create presumptions by statutes that BAC at time of driving equals BAC at time of breath or blood tests. That presumption of identity is only fair if the breath or blood tests are reasonably proximate in time to the driving. Some jurisdictions have arbitrarily established a two hour limit for the fair operation of this presumption.
Links to legislation in International Referral Database:
Breath Instruments Links
Breath and Blood Departments and Standards Links
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 Two Hour Limit page is for expression by students of law and forensic science in understanding and peer reviewing important DUI Law: Two Hour Limit 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 Two Hour Limit 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 Two Hour Limit information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.
DUI Law: List of Words, Concepts, Issues, Terminology, and Ideas
Criminal Law: List of Words, Concepts, Issues, Terminology, and Ideas
Charter of Rights Law: List of Words, Concepts, Issues, Terminology, and Ideas
Youth Court Law: List of Words, Concepts, Issues, Terminology, and Ideas
Family Law: List of Words, Concepts, Issues, Terminology, and Ideas
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.
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.