Impaired Driving

What is Impaired Driving

Definition: Section 320.14 of the Criminal Code of Canada defines two separate offences related to impaired driving:

Operating a motor vehicle (car, boat, ATV, etc.) while your ability to do so is impaired by alcohol or a drug.
Operating a motor vehicle while having a Blood Alcohol Concentration (BAC) equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood (0.08 BAC or “Over 80”).

Important Points:

You can be charged even if your BAC is under 80, if the police believe your driving ability was impaired by alcohol or drugs.
Police can demand a breath sample even without suspicion following a lawful traffic stop, with refusal carrying potentially heavy penalties.
Besides alcohol, impairment can be caused by prescription drugs, cannabis, or other substances.

Common Evidence:

Results of a breathalyzer test (for “over 80” cases).
Witness statements about erratic driving.
Police officer’s observations of your behaviour after you’ve been pulled over (slurred speech, staggering, odor of alcohol, etc.)
Field sobriety tests conducted at the roadside.
Expert testimony from drug recognition experts (if drug-related impairment is suspected).

Penalties for Impaired Driving

Impaired driving charges are always criminal offences, resulting in a criminal record on conviction. Penalties depend on several factors, including whether it’s a first-time offence, and whether the impairment was drug or alcohol related.

Minimum Penalties (first offence):

$1500 fine.
Driving prohibition for 1 year.
Requirement to have an Ignition Interlock device installed in your vehicle (at your own expense).

Subsequent Offences: Increased fines, longer license suspensions, and mandatory minimum jail time apply.

Maximum Penalties (first offence):

Summary Conviction: Less serious cases, up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, up to 10 years in prison.

How We Can Help

Immediate Steps: Refusing to provide a breath sample can have serious consequences. We can advise you if the situation allows for any strategy in the moment.

Fighting the Charges: Every impaired driving case rests on specific details. We’ll look closely to build a strong defence:

The police didn’t follow proper procedures for breathalyzer or field sobriety tests.
Medical conditions or other factors explain the signs of impairment (fatigue, etc.), not alcohol or drugs.
Your Charter rights were violated during the traffic stop or testing process.

Frequently Asked Questions

What about prescription drugs?

If the drug is prescribed and you’re following the instructions, impairment shouldn’t be an issue. Issues arise with overuse or when it impairs your driving beyond what’s reasonable.

Can I be charged after I've already stopped the car?

Possibly, if police reasonably believe you were impaired while driving, even if not at the moment they find you.

Will a conviction show up on a background check?

Yes, a criminal record is created upon conviction.

Let's Talk About Your Case

Impaired driving charges are serious. Even a first conviction can have lasting impacts on your driving record, insurance, ability to travel, and personal life. Seek legal advice as soon as possible. Contact us for a free case review to discuss your situation and potential defences.

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