last drink defence

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Also known as rising alcohol defence or bolus drinking defence. If absorption is still greater than elimination because alcohol consumption was recent and perhaps bolus, then BAC at time of driving may be less than that at time of breath test at police station.  

 

 

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Canada                                                      Edit this Entry                     Cases for this Canada paragraph

See R. v. St. Pierre, SCC for a definition in the dissent:

the "last drink" defence -- i.e. the accused alleges that his or her pattern of alcohol consumption was such that the blood alcohol concentration was still rising at the time he or she was driving and that it had not yet exceeded 80 mg in 100 ml of blood;

 

 

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