The accused was charged with driving with a blood alcohol content over 80 mg per 100 ml of blood on April 28, 2013.
The Crown relied on breath test results showing 160 mg/100ml taken approximately 2.5 hours after the incident, supported by an expert report estimating the accused's BAC at the time of driving was between 160-205 mg/100ml.
The defence presented evidence of bolus drinking (rapid consumption of alcohol shortly before driving) and expert evidence suggesting the accused's BAC at the time of driving was between 49-73 mg/100ml.
The court found the Crown failed to prove beyond a reasonable doubt that the accused consumed large quantities of alcohol within 15 minutes prior to the incident, a critical assumption underlying the Crown's expert opinion.
The accused was acquitted.
