Blood alcohol (BAC) limits Ontario Canada

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Old Jan 2nd, 2008, 12:03 PM   #1
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Default Blood alcohol (BAC) limits Ontario Canada

In Ontario Canada 0.08 BAC is the limit for impaired driving. What is the number for the roadside 12 hour suspension and is there a fine or other penalty involved? Impact on car insurance? Thanks.
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Old Jan 3rd, 2008, 06:21 PM   #2
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Default Re: Blood alcohol (BAC) limits Ontario Canada

DUI, DWI & Criminal Legislation in Ontario
Source:
http://lawyers.ca/international/sect...&state=Ontario

Highway Traffic Act of Ontario , section: 48

Administrative Driver's License Suspension, 12 Hour Suspension Over 50 mg/100mL

48. (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada).

(2) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a person provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert", the police officer may request the person to surrender his or her driver's licence.

(3) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a person provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request the person to surrender his or her driver's licence.

(4) Where a person is charged with an offence under section 254 of the Criminal Code (Canada) or any procedure is taken pending the laying of a charge to assure the person's attendance in court on the charge, a police officer may request the person to surrender his or her driver's licence.

(5) Upon a request being made under subsection (2), (3) or (4), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her licence is suspended and invalid for any purpose for a period of twelve hours from the time the request is made.

(5.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48.3.

(6) Where an analysis of the breath of a person is made under subsection (2) and registers "Warn" or "Alert", the person may require a further analysis to be performed in the manner provided in subsection (3), in which case the result obtained on the second analysis governs and any suspension resulting from an analysis under subsection (2) continues or terminates accordingly. R.S.O. 1990, c. H.8, s. 48 (6); 1993, c. 40, s. 4 (4).

(7) For the purposes of subsection (2), the approved screening device shall not be calibrated to register "Warn" or "Alert" if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood.

(8) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (7).

(9) The suspension of a licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

Comments: An individual stopped by the police whose blood alcohol concentration exceeds 50 mg/100mL will lose his or her licence for 12 hours. This section has also been used by the Ontario court of appeal to authorize physical roadside tests as a "reasonable limit prescribed by law" justifying a delay in s. 10(b) Charter Right to Counsel when a police officer employs physical tests at roadside to assist in a determination of reasonable of probable grounds for arrest and demand under the Criminal Code.


See also...

Motorists And Boaters Reminded To Drive Safely
Ministry of Transportation
http://ogov.newswire.ca/ontario/GPOE...=&lang=_e.html

Ont. no longer leads drunk driving fight: report
by RANDY RICHMOND - London Free Press
http://www6.autonet.ca/Laws/story.cf...69614-sun.html

The Launch of the Ontario Community Council on Impaired Driving's “Arrive Alive – Drive Sober” campaign
Legislature Building, Queen's Park, Toronto
May 15, 2007
http://www.mto.gov.on.ca/english/new...stat070515.htm

Drinking and Driving Laws in Ontario
http://www.moosehorn.net/drinking.htm
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