The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood contrary to section 253(1)(b) of the Criminal Code.
The Crown's case relied on two intoxilyzer breath tests showing readings of 161 and 166 milligrams percent.
The defence argued that the accused's moderate to severe gastroesophageal reflux disease (GERD), combined with consumption of a large meal and alcohol, could have caused regurgitated stomach alcohol to produce false high readings on the breath tests.
The court found that the defence evidence established a reasonable doubt regarding the proper functioning of the instrument and that the accused's blood alcohol concentration was likely below the legal limit at the time of the offence.
