Can the Crown’s Breath Test Evidence Even Be Used Against You in Ontario Court?

OTTAWA CRIMINAL DEFENCE LAWYER – When you are charged with Driving “Over 80” in Ontario – that is, driving over the legal alcohol limit – the main evidence against you will likely be the breath test you took after driving.

Your criminal defence lawyer’s top objective will be to show that the breath test evidence is not admissible in court. In other words, you and your lawyer will attempt to have the charges dismissed because the breath test was not taken properly and therefore there is no evidence against you.

Fortunately, Section 258 of the Criminal Code of Canada includes a number of conditions which the breath test must meet, in order for it to be considered admissible evidence in any impaired driving case:

  • The officer must have had reasonable grounds to suspect you had alcohol in your system, before demanding that you take a breath test.
  • Each breath sample must be taken “as soon as practicable” after the police officer stops your vehicle.
  • The first sample must be taken within a specified timeframe after your alleged driving offence took place. While there can be multiple tests, police officers must allow 15-minute intervals between breath tests.
  • The breath test apparatus must be an approved instrument operated by a qualified technician.
  • Each sample must be received directly.

If you have been charged with a driving offence in Ontario, including Impaired Driving, Over 80, or Sample Refusal, you need the help of a top criminal defence lawyer who may be able to prove that the evidence against you is not sufficient. For more information, contact the Ottawa impaired driving lawyers at Auger Hollingsworth by email at [email protected] or by phone at (613) 233-4529.