DUI Impaired Driving Quiz

By Ron Jourard  |  Posted on 2016-09-28 | Print or Email this ArticleEmail this Article  |  comments 0

Welcome to your DUI Impaired Driving Quiz

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For you to be found guilty of refuse to provide a breath sample into an approved instrument (that’s the device police use to test your breath after you’ve been arrested for impaired driving or driving with excess alcohol), the Crown must prove beyond a reasonable doubt that you were the driver or had care or control of the motor vehicle.

For you to be found guilty of refuse to provide a breath sample (into a roadside screening device) the Crown must prove beyond a reasonable doubt that you were the driver or had care or control of the vehicle.

If you are charged with refuse sample and impaired driving, and at trial you’re acquitted of impaired driving, the refuse sample charge will automatically be dismissed.

If you refuse to provide a breath sample, that refusal, if proven at trial, can be used by the Crown to help prove that you’re guilty of impaired driving (or impaired care or control).

If you register breath test results exceeding twice the legal limit, that is over 160 mg of alcohol in 100 ml of blood, the court must view that as an aggravating factor for the purpose of sentencing, i.e., it should impose a stiffer penalty.

At your trial for Drive Over 80 the police officer who conducted the breath tests testifies that you registered breath test results of 90 and 80 mg per cent. You are liable to conviction for drive over 80.

At your trial for Drive Over 80 the police officer who conducted the breath tests testifies that you registered breath test results of 90 and 80 mg per cent. The Crown then calls a toxicologist who testifies that based on those results, your blood alcohol concentration at the time of driving would have been over 80 mg per cent. You are liable to conviction for Drive Over 80.

You are charged with Drive Over 80 after you register breath test results of 100 mg in 100 ml of blood. At trial you testify that you had two bottles of beer an hour before police pulled you over. You file an expert report that shows your blood alcohol concentration at the time of driving could not have exceeded 80 mg per cent. If the judge does not reject your evidence, you are entitled to an acquittal.

You’re arrested at a RIDE stop after fail a roadside screening device test. Breath testing at the police station shows you have a blood alcohol concentration of 120 mg per cent. At your trial for Drive Over 80 the officer testifies the roadside screening device was in good working order. However, you show that it had not been calibrated for 45 days and that it has to be calibrated every 30. You are entitled to an acquittal because the fail result on the roadside screening device might not have been reliable and as a result your arrest was unlawful.

Police stop you for speeding. They smell alcohol and arrest you for Drive Over 80 after you fail a roadside screening device test. Police drive you to a nearby police station but stop along the way to pick up a pizza causing a 30-minute delay. You are charged with Drive Over 80 after registering breath test results of 190 mg per cent. You will likely be acquitted because police cannot delay your breath tests for pizza.