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DUI, DWI & Criminal Legislation in Ontario  

Bill C-46 , section: 320.28

DUI Procedure/Evidence, Blood Demand

320.‍28 (1) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the personís ability to operate it was impaired to any degree by alcohol or has committed an offence under paragraph 320.‍14(1)‍(b), the peace officer may, by demand made as soon as practicable,

(a) require the person to provide, as soon as practicable,

...

(ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to take one, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the personís blood alcohol concentration; and

(b) require the person to accompany the peace officer for the purpose of taking samples of that personís breath or blood.

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OntarioBill C-46 320.28 DUI Procedure/Evidence, Blood Demand