IMPAIRED DRIVING
WHAT IS THE LAW?
Impaired driving, commonly referred to as DUI (driving under the influence) is one of the most common criminal offences in Canada. There are three main impaired related driving offences:
- impaired driving
- “over 80”
- refusal or failure to blow or provide a blood sample
Section 253(1)(a) of the Criminal Code defines the offence of “impaired driving”. It states that everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment of has care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or drug.
Section 253(1)(b) of the Criminal Code defines the offence of “Over 80”. It makes it an offence for a person to operate a motor vehicle with blood alcohol level exceeding 80 milligrams of alcohol in 100 milliliters of blood.
Section 254(5) of the Criminal Code makes it an offence to refuse to blow or give a blood sample when there is a lawful demand for you to do so.
WHAT ARE THE CONSEQUENCES OF A CONVICTION?
Impaired driving is a criminal offence, a conviction will result in a criminal record. Under the Criminal Code, the minimum punishment for the first conviction is a $1000 fine and a one year court-ordered driving prohibition. However, punishment can vary and even include jail depending on the circumstances of each case. For example, where injuries result from an accident, the penalties for a conviction for impaired driving offences can be very severe. The penalties are even harsher where someone has died. A conviction for impaired driving causing bodily harm routinely results in jail, and sentences for impaired driving causing death can result in long penitentiary sentences.
Provincial laws that regulate the highways also include penalties for persons convicted under the Criminal Code for the above noted offences. Ontario’s Highway Traffic Act sets out the following penalties that can be imposed for those convicted: (1) roadside suspension; (2) administrative monetary penalty; (3) alcohol education program; (4) alcohol treatment program; (5) installation of breathalyzer ignition device to prevent vehicle from starting if the driver’s blood-alcohol exceeds a certain amount; (6) vehicle impoundment; (7) minimum jail sentence for second, third, and subsequent offences; (8) fine; (9) licence suspension.
Additionally, a conviction is likely lead to large increases in auto insurance premiums for several years. If there was a traffic accident related to the impaired driving charge, a conviction could result in your insurer denying you coverage for any property damage or injuries that resulted from the accident.
If you are charged with an impaired driving offence, it is imperative that you seek legal advice immediately. At Rokni Law, a criminal defence lawyer will vigorously advocate on your behalf and ensure your rights are protected.