What is Impaired Driving?
What is Impaired Driving?
The meaning of driving under the influence is operating a vehicle while your ability to do so has been compromised to any degree by consuming:
- alcohol
- drugs including: cannabis, over-the-counter drugs, prescription medication, illegal substances.
- a combination of the above
Apart from driving cars and trucks, impaired driving also applies to operating boats, snowmobiles and off-road vehicles.
You can face severe consequences and potential criminal charges if the police determine that you have drugs and alcohol in your system while operating a vehicle, boat, snowmobile, and off-road vehicle.
What Does Impaired Driving Law Mean?
Impaired driving law refers to the body of legislation and regulations that govern the operation of motor vehicles while under the influence of alcohol or drugs. These laws are designed to promote road safety by deterring individuals from driving while impaired, as impaired driving significantly increases the risk of accidents, injuries, and fatalities on the roads.
What Are the Laws for Impaired Driving in Canada?
In Canada, impaired driving laws are primarily governed by the Criminal Code of Canada, which is federal legislation. These laws are consistent across all provinces and territories. Here are the key aspects of impaired driving laws in Canada:
Impaired Driving: It is a criminal offense to operate a motor vehicle while impaired by alcohol or drugs. This impairment can be determined by observations of the police officer, performance on roadside sobriety tests, or through chemical tests such as breathalyzer or blood tests.
Blood Alcohol Concentration (BAC) Limits: The legal limit for blood alcohol concentration (BAC) in Canada is 0.08%. This means that if a driver’s BAC is 0.08% or higher, they can be charged with impaired driving. However, drivers can still be charged with impaired driving even if their BAC is below this limit, if they show signs of impairment.
Penalties: Penalties for impaired driving offenses in Canada are severe and can include fines, license suspension, vehicle impoundment, mandatory education or treatment programs, and imprisonment. Penalties become more severe for repeat offenders.
Drug-Impaired Driving: It is also illegal to operate a motor vehicle while impaired by drugs, including illegal drugs, prescription medications, and cannabis. Police officers can use various methods, including roadside drug tests and evaluations by drug recognition experts, to determine drug impairment.
Zero Tolerance for Young and Novice Drivers: Many provinces and territories in Canada have zero tolerance policies for young and novice drivers, meaning that any detectable level of alcohol or drugs in their system while driving is prohibited.
Random Breath Testing: Canadian law allows police officers to conduct random breath testing at roadside checkpoints without requiring reasonable suspicion of impairment. This measure aims to deter impaired driving and increase road safety.
Ignition Interlock Programs: Some provinces have ignition interlock programs, which require individuals convicted of impaired driving to install breathalyzer devices in their vehicles. These devices prevent the vehicle from starting if alcohol is detected in the driver’s breath.
Need a DUI Lawyer? Vick Hundal can help:
- Potentially having your charges reduced or withdrawn.
- Fighting for your rights.
- Navigating the complexities of the legal system.
Impaired Driving Penalties
Impaired driving is a serious crime that poses a significant threat to public safety. Having the prohibited level of alcohol in your blood within two hours of driving is an offence.
Penalties for committing this prohibited act can vary, depending on the alcohol or drug concentration, whether it is your first or a repeated offence, and whether you have caused bodily harm or death to another person.
Below is a breakdown of penalties for 1st, 2nd and 3rd time offenders. With a Blood Alcohol Concentration (BAC) between 0.05-0.079. Who fail the Standard Field Sobriety Test (alcohol and/or drugs).
First Time
- 3-day immediate licence suspension
- $250 penalty
Second Time
- 7-day immediate licence suspension
- education or treatment program
- $350 penalty
Third Time
- 30-day immediate licence suspension
- education or treatment program
- Ignition Interlock condition for six months
- $450 penalty
Is impaired driving a criminal offence in Canada?
Yes, impaired driving, drunk driving or DUI Ontario is a criminal offense in Canada. Under the Criminal Code of Canada, it is illegal to operate a motor vehicle while impaired by alcohol or drugs. Impaired driving is considered a serious offense because it endangers public safety and can lead to accidents, injuries, and fatalities on the roads.
How Do Police Detect Impaired Drivers?
In Ontario, police use various methods to detect impaired drivers on the roads, like those used in other jurisdictions in Canada. Here are some of the primary ways police in Ontario detect impaired drivers:
- Observational signs
- Standardized Field Sobriety Tests
- Breathalyzer Tests
- Drug Recognition Experts (DREs)
- Checkpoints and RIDE Programs
What Are the Penalties for Refusing a Roadside Sobriety Test?
In Ontario, refusing to comply with a roadside sobriety test, which may include standardized field sobriety tests (SFSTs) or a roadside breathalyzer test, can result in serious penalties. The penalties for refusing a roadside sobriety test in Ontario are as follows:
- Immediate License Suspension
- Vehicle Impoundment
- Fine
Are the Penalties Same for New and Old Drivers?
No matter what the age or experience, all drivers face standard criminal DUI charges if arrested based on blood alcohol concentrations above .08, refusing to comply with a demand for alcohol or drug screening, and similar DUI offences.
What is Back on Track Program?
Back on Track is an educational program for people who have committed an impaired driving offence in Ontario. The program helps people learn to separate drinking and other drug use from driving.
How Vick Hundal law can defend you in a drunk driving case.
An impaired driving lawyer can provide valuable assistance and support if you are facing charges related to impaired driving. Here are several ways in which Vick Hundal can help you with your case:
- Legal Advice and Guidance
- Representation in Court
- Case Investigation and Evidence Gathering
- Negotiating Plea Deals
- Challenging Evidence
- Minimizing Penalties
- Providing Support and Guidance
We can help you fight an Impaired Driving Case
Vick Hundal can provide crucial assistance with your case in several ways:
- Legal Knowledge and Expertise: Vick Hundal is well-versed in the laws and regulations related to impaired driving offenses. He understands the complexities of these cases and can navigate through legal procedures effectively.
- Case Assessment: DUI lawyer, Vick Hundal will review all the details of your case, including the evidence against you, police reports, witness statements, and any other relevant information. Based on this assessment, he can provide you with an understanding of your legal options and potential outcomes.
- Building a Defense Strategy: A skilled impaired driving lawyer will develop a tailored defense strategy based on the specifics of your case. This might involve challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests or breathalyzer results, or presenting evidence to refute the prosecution’s arguments.
