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DUI, DWI & Criminal Legislation in Ontario  

Bill C-46 , section: 320.31

DUI Procedure/Evidence, Presumption of BAC

Breath samples

320.‍31 (1) If samples of a personís breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the personís blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same ó or, if the results of the analyses are different, the lowest of the results is conclusive proof of the personís blood alcohol concentration at the time when the analyses were made ó if

(a) before each sample was taken, the qualified technician conducted a system blank test the result of which is not more than 10 mg of alcohol in 100 mL of blood and a system calibration check the result of which is within 10% of the target value of an alcohol standard that is certified by an analyst;

(b) there was an interval of at least 15 minutes between the times when the samples were taken; and

(c) the results of the analyses, rounded down to the nearest multiple of 10 mg, did not differ by more than 20 mg of alcohol in 100 mL of blood.

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OntarioBill C-46 320.31 DUI Procedure/Evidence, Presumption of BAC