The defendant was charged with operating a motor vehicle with a blood alcohol level exceeding the legal limit of 80 mg per 100 mL of blood.
The Crown relied on breath test readings of 158 and 163 mg per 100 mL.
The defendant challenged the reliability of the test results, arguing that her gastroesophageal reflux disorder (GERD) caused mouth alcohol that artificially elevated the readings.
The court found that the defendant failed to rebut the statutory presumptions of accuracy and identity of the breath test results.
The evidence did not establish that the approved instrument malfunctioned or was operated improperly.
The defendant was found guilty as charged.
