Jan 11

Are the Police Allowed to Take a Sample of my Blood?


Section 320.28(1) of the Criminal Code allows the police, if they have reasonable grounds to believe you operated a vehicle, while impaired, to request a sample of your blood if your physical condition will not allow you to partake in the breathalyzer test. For example, if you are in the hospital because of an accident, and you are unable to complete a breath test, the police can request a sample of your blood.

Section 320.28(1) of the Criminal Code allows for the police to request a blood sample when an accused is unable to complete a drug recognition examination (DRE).

Based on the language and structure of the substantively similar predecessor provision, it was recognized that Parliament intended that a police officer initially investigate through a demand for breath samples and, secondarily, through a demand for blood samples.

How is a Blood Sample Used?

The blood would be sent to the Centre of Forensic Science (CFS) where the sample will be tested to determine the blood alcohol concentration in your blood. If you are above the legal limit (.08 or 80), you will be charged with driving with an excess blood alcohol. The Crown will attempt to lead the results of your blood sample to support their contention that you were driving above the legal limit.

DUI Lawyers Toronto?

Let us help you. Lockyer Zaduk Zeeh has a roster of experienced Toronto DUI lawyers. Call us at 416-613-0416 to schedule a consultation. We can help you protect your rights and achieve a favourable outcome.