2. In Canada, it's not against the law to drink and drive. What is against the
law is driving while impaired, whether it is alcohol or illegal drugs.
Impaired driving means driving a truck, car, bus, boat, aircraft,
recreational vehicle such as a snowmobile, or other motor vehicle while
impaired by alcohol or drugs. If caught driving while impaired, you can
be convicted of impaired driving, whether or not your blood alcohol
content was over the 'legal limit,' when there is proof without a doubt of
your impairment. For instance, there may evidence showing you were
not driving in a straight line, had blood shot eyes or slurred speech,
breath smelled like alcohol, you were unable to perform simple tasks
requested by the police officer, or you had slurred speech or bloodshot
eyes.
3. The Legal Limit
When the alcohol content in one's blood is more than 80 mg of alcohol
in 100 ml of blood, he or she can be convicted of being "over the legal
limit.” The police administer a breath test to determine one's blood
alcohol level. There is also a blood test that can be done but doctor or
other qualified medical professional will take the blood sample. Even if
a driver does not behave drunk, he or she can still be convicted if the
blood alcohol level is over the legal limit.
4. What if you refuse to provide a
sample for testing?
An officer can insist that you give a breath sample for the test device if
the officer believes you are under the influence of alcohol. The test is
usually taken by the side of the road after being pulled over by the
police. If you refuse, you can be convicted refusing to give a breath
sample. The penalty is the same as the penalty for driving while
impaired. It is also a criminal offence to refuse providing a blood sample
for testing.
5.
6.
7. Additional Impaired Driving
Offences
If you get in an accident and injure someone while driving under the
influence, you can be charged with impaired driving causing bodily
harm. A conviction under this offence can come with a penalty of up to
ten years in prison. If you kill someone while driving impaired, you can
be charged with impaired driving causing death. The maximum penalty
of such a conviction is life imprisonment.
8. Penalties for an Impaired
Driving Conviction
The Canada Criminal Code sets minimum penalties that a judge must
impose for the offences of refusing to give a blood or breath sample
without having a lawful excuse, impaired driving, and driving with a
blood alcohol level over 80. The judge can also decide to apply other
penalties if deemed appropriate. For instance, a judge could order that a
driver install an alcohol ignition interlock device in the person's car if a
person is a first time offender instead giving a harsher sentence. When
the ignition interlock is installed, a driver cannot start eh vehicle unless
the driver provides a breath sample.
9. Impaired Driving Penalties
First Offence: Minimum of a fine of at least $600 and a ban from
driving for at least 1 year and up to 3 years.
Second Offence: Minimum of at least 14 days in prison and a ban from
driving for at least 2 years and up to 5 years.
Subsequent Offences: Minimum of at least 90 days in prison and a ban
from driving for at least 3 years and up to a lifetime ban.
10. If you've been charged with impaired driving or driving under the
influence (DUI) anywhere in Canada, you need to make an informed
decision about what steps to take. For this reason, it is essential to
consult with a legal expert in all legal matters pertaining to driving while
impaired. You may have a defence, even if you don't think you have
one. Even without a defence, you may be able to negotiate a plea to a
lesser offence.