What is the test for probable alcohol consumption in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Royer v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 481 (CanLII):
The adjudicator was satisfied, based on the other evidence, that a finding of a blood alcohol content in excess of 80 mg% was probable. On the evidence before her, that finding falls within “a range of possible, acceptable outcomes which are defensible in respect of the facts and law”: Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 47, [2008] 1 S.C.R. 190.
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