Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)
On December 13, 2018, sections 249 to 261 were repealed.
Blood sample demand (s.254 (3))
If the investigating officer has reasonable grounds to believe that the person is impaired by drugs and could be charged for operation or control of a vehicle while impaired, they may make a demand for either urine sample or blood sample. A blood sample must be done by a medical practitioner. However, a urine or oral fluid sample seems to be taken by any individual.
- s. 254(4)
DRE Blood sample demand (s.254 (3.4))
See also Proof of Impairment by Drugs
Blood sample warrant (s. 256)
This method of obtaining a blood sample requires the following :
- the application be made to a JP within 4 hours of an offence under s. 253
- the offence involved bodily harm or death to the accused or another person
- a qualified medical practitioner is of the opinion that:
- the person is unable to consent to the taking of a sample
- the taking of the sample would not endanger the life or health of the person
This method is not frequently seen as the requirements under s. 487 are simpler.
Qualified Medical Practitioner
A "qualified medical practitioner" is defined in s. 254:
Any "qualified medical practitioner" who is tasked with taking a sample for the purposes of s. 254 or 256 is protected from liability by the following provisions: