What is the test for blood alcohol concentration and is there any case law supporting this?
British Columbia, Canada
The following excerpt is from Sihota v. British Columbia (Superintendent of Motor Vehicles), 2008 BCSC 311 (CanLII):
With respect to the first ground, the petitioner relies on Haslam v. British Columbia (Superintendent of Motor Vehicles), 2005 BCSC 957 and suggests that the adjudicator erred by inferring that the bare numbers written by the officer referred to milligrams percent based on the adjudicator’s assertion that the measurement for blood alcohol concentration is commonly conveyed in that way. It is the petitioner’s position that the adjudicator did not have evidence that provided a proper evidentiary basis for reaching the conclusion that the petitioner’s blood alcohol level was above 80 milligrams in 100 millilitres of blood.
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