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Originally Posted by thesmugger
I'm coPnfused as heck here. There where no tickets given. The police never gave me a breathalyzer. I just got the 30 day suspension/car impounded.
Neither of these choices got checked
A) a breath sample indicates that alcohol is present in your-blood
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Like I said before, a breath sample is not required; the act gives the authority to the officer if he wants you to provide one. If that section wasn't in the act I doubt he would be able to demand a sample from you.
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- Strong smell of alcohol on breath
- Admission to consumption of vodka. Prior to driving (however there is No note of this being 10 hours before or 1 hour before)
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From what I can see there is no mention in the Act about time frames and actual BAC amounts. It is so broad that all the officer needs to believe is that someone on a GDL consumed alcohol. Now, had you consumed alcohol 10 days ago and that was the last time you had consumed alcohol then you may have a case. However, according to the information you provided and like others have mentioned already, it appears there was ample evidence to suggest that you consumed alcohol recently. The information from the medical crew, your admission of consumption and likely an odor of alcohol. That alone would be reasonable grounds to believe if not higher than a balance of probabilities.
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If I take this before the transportation board, will they throw this out because there is no breath sample? They never took the test, therefore how do they know my level was above 0?
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The only way you will answer this question is to take it before the board. I don't even know if there is an appeal process for this. But if you are trying to get around this because they did not obtain a breath sample than don't bother. See explanation above.
IMO you just need to take this as a life lesson and if you plan on drinking and driving again while you still have a GDL, plan in advance to have someone pick you up or take a taxi.