In response to the woman`s statement that she had drunk four beers and a glass of vodka in the hour before the trip, a toxicologist testified that this was not enough time to fully absorb the alcohol into her blood. Specifically, the toxicologist suspected that their blood alcohol level would have been less than half the legal limit at the time of driving, based on the scientific principle that no alcohol is absorbed in the first half hour of consumption. His conclusions also took into account the results of their breathalyzer test. In a recent drunk driving case, a woman in her twenties was acquitted when her lawyer, Mr. Toews (of Kruse Law), expressed reasonable doubts that the alcohol she had recently consumed had affected her driving. The woman was arrested in October 2014 at an Ontario Provincial Police checkpoint for impaired driving. A breath test conducted more than an hour after his arrest revealed that a blood alcohol level was more than one and a half times the legal amount. The Ontario Ministry of Transportation defines impaired driving as driving under the influence of alcohol or drugs. Unfitness to drive is a criminal offence related to the effects of alcohol on a person`s driving.
This requires observable behavior such as slurred speech or sloppy driving, as well as evidence that the driver has been drinking or using drugs. According to the Criminal Code of Canada, the legal maximum blood alcohol level for drivers with a full driver`s licence is 0.08, which is equivalent to 80 milligrams of alcohol in 100 millilitres of blood. “Over 80” is a crime related to the actual measurement of alcohol in your system. Impaired driving and persons over 80 years of age will result in an immediate 90-day driver`s licence suspension, a $180 fine and forfeiture of your vehicle for 7 days. If you are found guilty of unfitness to drive or if you are over 80 years of age, the sentences will be increased and you will suffer the long-term effects of a criminal conviction. A criminal conviction on your driving record will result in a significant increase in your auto insurance, a criminal record, and may affect your ease of traveling abroad. If you have been charged with unfitness to drive or are over 80 years of age, it is in your best interest to contest these charges and dismiss them or at least reduce them to a non-criminal offence. Both charges can be dismissed if your lawyer can raise a reasonable doubt about the Crown`s evidence, for example: the use of appropriate police methodology and blood and breath tests. The woman also testified that she had dealt with a number of stressful events, including the death of her boyfriend, and had been drinking to cope with the emotional trauma. Mr. Toews noted that the findings of the case were based on the credibility of the woman`s testimony.
Although “bolus consumption” is not a generally accepted defense, the judge decided to dismiss the charges based on the toxicologist`s testimony and the woman`s behavior and circumstances on the night of the arrest. A bolus is a single, large dose of the drug. For a person with diabetes, a bolus is a dose of insulin taken to cope with a spike in blood sugar (a type of sugar), such as that which occurs when eating. A bolus is administered as a blow or by an insulin pump. The “bolus drinking” or “last drink” defence may be used to defend a charge of impaired driving in Ontario if there may be reasonable doubt that the defendant`s recently consumed alcohol would not have been consumed while driving and would not have exceeded the legal limit. For the bolus alcohol defence to be successful, the breathalyzer and alcohol behaviour evidence must be consistent with the other evidence presented at trial. Kruse Law defense attorney Karl Toews recently successfully applied this defense, leading to the dismissal of the drunk driving charge for a Lambton County woman. More information on this case can be found in this Sarnia Observer article. Note: All information is provided for educational purposes only. For medical advice, diagnoses and specific treatments, consult your doctor.