Not All DUI Law Firms Are Created Equal
Successful Outcomes: Our national team of experienced lawyers have defended clients in over 10,000 cases across Canada. We know how to win cases and have years of legal precedents at our disposal to defend our clients.
Trial Lawyers: If we can’t convince the prosecutor to withdraw the charge, we’re not afraid to take the case to trial and show the judge why the case should be dismissed.
Flexible Payment Structures: We seek out-of-the-box solutions to make our legal fees affordable and manageable for all budgets.
24/7 Availability: We are available when you need us, even on weekends, holidays and after regular business hours.
What are impaired driving charges?
Impaired driving is a serious criminal offence in Canada, as outlined in Section 320.14 of the Criminal Code. This section prohibits individuals from operating a conveyance, such as a motor vehicle, while their ability to do so is impaired to any degree by alcohol, drugs, or a combination of both. The offence also includes operating a conveyance with a blood alcohol concentration (BAC) equal to or exceeding the alcohol limit of 80 mg of alcohol per 100 ml of blood.
Impaired driving is a hybrid offence, meaning that the Crown prosecutor has the discretion to proceed either summarily or by indictment, depending on the severity of the offence and the circumstances involved. If prosecuted summarily, the maximum penalties include a fine of up to $5,000, imprisonment for up to two years less a day, or both. If prosecuted by indictment, the maximum penalties are more severe, with the possibility of imprisonment for up to 10 years, a fine amount at the court’s discretion, or both.
Examples
Some examples of impaired driving charges may include the following:
- Operating a vehicle with a BAC over 80 mg of alcohol per 100 ml of blood;
- Driving while impaired by drugs, such as cannabis or prescription medications;
- Refusing to provide a breath sample when requested by police;
- Causing bodily harm or death while driving under the influence;
- Operating a boat, snowmobile, or ATV while impaired; and
- Having a BAC over 80 mg/100 ml within two hours of ceasing to operate a vehicle.
Defences
The defences available to impaired driving charges are entirely dependent on the facts of your case.
However, some defences to impaired driving charges may include:
- Challenging the validity of breath tests or blood samples due to improper procedures or equipment;
- Arguing that the police lacked reasonable grounds for the traffic stop;
- Claiming that the accused was not in care or control of the vehicle while impaired;
- Arguing the accused consumed alcohol just before driving, and their BAC was below the legal limit while driving;
- Arguing the accused consumed only a small amount of alcohol and was not impaired;
- Asserting that the accused’s Charter rights were violated during the investigation or arrest; and
- Demonstrating that a medical condition affected the breath test results or caused symptoms resembling impairment.
Punishment
The punishments for impaired driving charges in Canada vary depending on the severity of the offence and the offender’s prior record. For a first offence, the mandatory minimum sentence includes a fine of $1,000 and a driving prohibition of at least one year. However, the court may impose a higher fine and a longer driving prohibition based on the circumstances of the case.
For a second offence, the mandatory minimum sentence is 30 days of imprisonment and a driving prohibition of at least two years. A third or subsequent offence carries a mandatory minimum sentence of 120 days in jail and a driving prohibition of at least three years.
In addition to these penalties, the court may also order the offender to participate in rehabilitation programs, install an ignition interlock device in their vehicle, and pay restitution to any victims. Provincial and territorial laws may also impose additional penalties, such as license suspensions and vehicle impoundment.
In cases involving bodily harm or death, the penalties are significantly more severe, with a maximum sentence of life imprisonment for impaired driving causing death.
Overview of the Offence
According to s. 320.14(1) of the Criminal Code:
(1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
The Guilty Act (Actus Reus)
The actus reus, or the guilty act, of impaired driving under Canadian law consists of operating a conveyance while one’s ability to do so is impaired by alcohol, drugs, or a combination of both. The term “conveyance” includes motor vehicles, boats, aircrafts, and railway equipment. Impairment is not limited to a specific level of intoxication; instead, it encompasses any degree of impairment that affects the individual’s ability to operate the conveyance safely.
The offence also includes having a blood alcohol concentration (BAC) equal to or exceeding 80 milligrams of alcohol per 100 millilitres of blood within two hours of ceasing to operate a conveyance. This provision, known as the “over 80” offence, is a separate and distinct offence from the impaired driving offence.
Furthermore, the law also prohibits having a blood drug concentration equal to or exceeding the prescribed limit within two hours of ceasing to operate a conveyance. This provision applies to drugs such as cannabis, cocaine, and methamphetamine, among others. The specific blood drug concentration limits are set by regulations and may vary depending on the substance involved.
Lastly, the actus reus also includes having a combination of both a BAC and a blood drug concentration that equals or exceeds the prescribed limits within two hours of ceasing to operate a conveyance. This provision recognizes the compounding effects of alcohol and drugs on an individual’s ability to operate a conveyance safely.
The Guilty Mind (Mens Rea)
The mens rea, or the guilty mind, required for impaired driving offences in Canada is generally one of strict liability. This means that the Crown is not required to prove that the accused intended to commit the offence or had knowledge of their level of impairment. Instead, the focus is on the voluntary act of operating a conveyance while one’s ability to do so is impaired by alcohol or drugs.
However, the accused may raise certain defences that challenge the mens rea component of the offence. For example, the accused may argue that they were not aware of their level of impairment or that they had an honest and reasonable belief that their ability to operate the conveyance was not impaired. The accused may also raise the defence of necessity, claiming that they had no choice but to operate the conveyance in the given circumstances.
In cases involving the “over 80” offence, the mens rea is also one of strict liability. The Crown is not required to prove that the accused intended to have a BAC over the legal limit; rather, the focus is on the fact that the accused’s BAC was equal to or exceeded 80 milligrams of alcohol per 100 millilitres of blood within two hours of ceasing to operate a conveyance.
Similarly, for drug-impaired driving offences, the Crown is not required to prove that the accused intended to have a blood drug concentration above the prescribed limit; instead, the focus is on the presence of the drug in the accused’s body at a level equal to or exceeding the prescribed limit within two hours of ceasing to operate a conveyance.
Punishments
In Canada, impaired driving is a hybrid offence, meaning that the Crown prosecutor can choose to proceed either summarily or by indictment, depending on the severity of the offence and the circumstances involved.
If prosecuted summarily, the minimum penalties for a first offence include:
- A fine of $1,000
- A driving prohibition of at least one year
If prosecuted by indictment, the maximum penalties for a first offence include:
- Imprisonment for up to 10 years
- A fine amount at the court’s discretion
For a second offence, the mandatory minimum penalties increase to:
- 30 days of imprisonment
- A driving prohibition of at least two years
For a third or subsequent offence, the mandatory minimum penalties further increase to:
- 120 days of imprisonment
- A driving prohibition of at least three years
In cases involving bodily harm, the maximum penalty is 14 years of imprisonment, while in cases involving death, the maximum penalty is life imprisonment.
It is important to note that these are the minimum and maximum penalties set by the Criminal Code. The actual sentence imposed in a specific case will depend on various factors, such as the severity of the offence, the offender’s prior criminal record, and any aggravating or mitigating circumstances.
Frequently Asked Questions
What are the legal consequences of impaired driving?
The legal consequences of driving under the influence (DUI) charges in Canada can be severe and long-lasting. As a hybrid offence, impaired driving can be prosecuted either summarily or by indictment, with varying penalties depending on the severity of the offence and the offender’s prior record.
For a first offence, the minimum penalties include a $1,000 fine and a one-year driving prohibition, while the maximum penalties can include up to 10 years of imprisonment. Repeat offenders face escalating mandatory minimum penalties, including longer jail sentences and driving prohibitions.
In cases involving bodily harm or death, the consequences are even more serious, with maximum penalties of 14 years and life imprisonment, respectively. Beyond the criminal penalties, offenders may also face provincial or territorial administrative sanctions, such as license suspensions and mandatory rehabilitation programs.
The legal consequences of impaired driving extend beyond fines and jail time, as a criminal record can impact employment opportunities, travel, and personal relationships.
How is impairment determined by law enforcement?
Law enforcement officers in Canada employ several methods to determine impairment in suspected impaired driving cases. One common approach is the use of Standardized Field Sobriety Tests (SFSTs), which include physical tests like the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. These tests assess the driver’s balance, coordination, and ability to follow instructions. Officers may also demand that the driver provide a breath sample using an approved screening device (ASD) (commonly referred to as a breathalyzer) at the roadside or an approved instrument (AI) at the police station to measure their blood alcohol concentration.
In cases where drug impairment is suspected, officers may request a Drug Recognition Expert (DRE) evaluation, which involves a series of physical tests and observations to identify the type of drug causing the impairment. In some instances, officers may demand a blood sample from the driver to determine the presence and concentration of alcohol or drugs in their system.
What are the legal BAC limits for driving?
In Canada, the legal blood alcohol concentration (BAC) limit for driving is 80 milligrams of alcohol per 100 millilitres of blood (0.08%). This means that it is a criminal offence to operate a motor vehicle with a BAC equal to or exceeding this limit. However, it is important to note that even if a driver’s BAC is below the legal limit, they can still be charged with impaired driving if their ability to operate the vehicle is impaired by alcohol or drugs.
Some provinces and territories have also implemented additional BAC limits and penalties. For example, in some jurisdictions, drivers with a BAC between 0.05% and 0.08% may face administrative penalties, such as license suspensions and fines, under provincial or territorial legislation.
What should I do if I am charged with impaired driving?
If you are charged with impaired driving in Canada, it is crucial to take the matter seriously and seek legal guidance promptly. The first step is to contact a criminal defense lawyer who specializes in impaired driving cases. They can help you understand your rights, the potential consequences of the charges, and the best course of action for your specific situation.
It is essential to be honest with your lawyer and provide them with all the relevant details of your case. This information will help them build a strong defense strategy and represent your interests effectively. Your lawyer may advise you on whether to plead guilty or not guilty, depending on the circumstances of your case and the available evidence.
In the meantime, it is important to adhere to any conditions set by the court, such as not consuming alcohol or drugs, or not operating a motor vehicle. Failing to comply with these conditions can result in additional charges and penalties.