DUI & Impaired Driving
Impaired driving charges can have lasting consequences and carry a stigma. Having an impaired driving lawyer in your corner can get the best result for you.
What is impaired driving?
Impaired driving is commonly referred to as “drinking and driving” or a “DUI.” It is treated as a very serious criminal matter. Under section 320.14(1) (a) of the Criminal Code of Canada, you can be charged with impaired driving if your ability to operate a “conveyance,” such as a motor vehicle, is impaired by drugs or alcohol, or a combination of both.
To prove an impaired driving charge, the Crown must show that your ability to operate your motor vehicle was impaired due to either the consumption of alcohol or drugs. It needs to be proven that you had care and control over your vehicle. Even a trivial impairment can be enough to prove the charges.
What is considered a “conveyance”?
Under section 320.11 of the Criminal Code, a conveyance refers to:
- A motor vehicle;
- A vessel;
- An aircraft; and
- Railway Equipment.
Impaired driving versus driving 80 and over:
Impaired driving requires proof that you consumed alcohol or drugs and that you then assumed care and control over a vehicle which was impaired by your consumption of those substances.
On the other hand, a driving over 80 charge under section 320.14(1)(b) means that you have a blood alcohol content of or over the legal limit of 80 mg of alcohol in 100 mL of blood or a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation. Whereas for an impaired driving charge, your driving needs to be impaired by either drugs or alcohol, the same is not necessary for a driving over 80 charge.
Consequences if found guilty:
Impaired driving convictions can affect your daily life and livelihood. At a minimum, you will face a $1,000 fine and a driving prohibition of one year. For a second offence, you will face 30 days in prison and a longer driving prohibition. The jail term and prohibition increases to 120 days and three years, respectively, for a third and subsequent offences. You will also be asked to attend drug and alcohol counselling.
At most, you could face a maximum sentence of two years less a day and/or a fine of up to $5,000 if the Crown proceeds summarily or a prison sentence of up to 10 years if the Crown proceeds by way of indictment.
A lawyer can evaluate your case and obtain the best possible outcome in the circumstances.
It’s vital to hire a DUI lawyer
Being charged with a criminal offence, such as impaired driving, is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how impaired driving cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.
Driving 80 and over is an offence that must be taken seriously. The first step is contacting a lawyer.
What is driving 80 and over?
Driving 80 and over comes under the “impaired driving” section of the Criminal Code of Canada, yet no proof of actual impairment is needed to make out the elements of the offence. Instead, under section 320.14(1)(b) of the Criminal Code of Canada, a person commits an offence if after two hours of ceasing to operate a conveyance, such as a motor vehicle, they have a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood or a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation.
The exceptions to this offence are found under section 320.14(5) of the Criminal Code and are as follows:
- If you consumed drugs or alcohol after ceasing to operate your conveyance (motor vehicle);
- After ceasing to operate your motor vehicle, you had no reasonable expectation that you may be required to provide is breath or blood sample; and
- With respect to alcohol only, your alcohol consumption was consistent with your blood-alcohol concentration as determined by a blood or breath sample and that during the time you were operating your motor vehicle, your blood alcohol concentration was less than 80 mg of alcohol in 100 mL of blood.
The only proof that is required is that you had a blood alcohol concentration equivalent to more than 80 mg of alcohol in 100 mL of blood or a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug.
Driving 80 and over versus impaired driving:
Driving 80 and over requires proof that within two hours of having ceased operation of a conveyance such as a motor vehicle, your blood alcohol level is either equal to or exceeds 80 mg of alcohol in 100 mL of blood or a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation. This requires no proof of actual impairment while driving.
Impaired driving under section 320.12(1)(a) of the Criminal Code, on the other hand, requires proof that you consumed alcohol or drugs and that you then assumed care and control over a vehicle which was impaired by your consumption of drugs and/or alcohol.
Consequences if found guilty:
Driving 80 and over can affect your daily life and livelihood. While you may face a maximum sentence of two years less a day and/or a fine of up to $5,000 if the Crown proceeds summarily, you may also face a maximum of 10 years in prison if the Crown proceeds by indictment. You will face minimum fines, the amount of which depends on your blood alcohol level. Furthermore, you will face a driving prohibition, the length of which depends on whether you have committed the offence previously. You may also attend drug and alcohol counselling.
A lawyer can evaluate your case and obtain the best possible outcome in the circumstances.
It’s vital to hire a lawyer
Being charged with a criminal offence, such as driving over 80, is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how driving over 80 cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.