Impaired Driving

Impaired Driving is one of the most serious driving charges in the Criminal Code of Canada. Upon being arrested for an impaired driving charge the accused faces immediate penalties against their right to driving, liberty and possibly the ability to earn an income.

The charge of Impaired Driving is defined as;

" Every one commits an offence of Impaired Driving who operates a motor vehicle or vessel or, operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not",

1. While the person ability to operate the vehicle vessel, aircraft or railway equipment is impaired by alcohol or a dug; or
2. having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood thereby committing the offence of impaired driving.

This section of the Criminal Code of Canada makes it a criminal offence for a person to operate a motor vehicle or vessel, operate or assist in the operation of an aircraft or railway equipment or to have care or control of such a motor vehicle if that persons ability to do so is impaired by alcohol or a drug, or if that person has a blood alcohol limit in excess of 80 milliliters.

1. The fact that the motor vehicle was not in motion is not a defense to the charge of impaired driving.
2. An intention to drive is not an element of the the care or control offence or impaired driving.

Care or control while impaired may be exercised without such intent or where the accused performs some act series of acts involving the use of the car, its fittings or equipment, whereby the vehicle may unintentionally be set in motion creating the danger this section is designed to prevent.

To convict the accused of the care or control offence, or impaired driving, it is not necessary to establish some overt action on the part of the accused to indicate that he was involved with the vehicle in a way as to cause danger to the public through the impaired driving.

Only that while in the care or control, or while driving or operating the motor vehicle the accused ability to do so was impaired due to an alcohol or drug.

Where the accused had the immediate capacity and means of operating the vehicle, there existed the risk that he would put the motor vehicle in motion and become a danger to the public, committing the offence of impaired driving, even though at the time he was found by the police he was asleep in the front seat of the vehicle.

More Information on Impaired Driving
Refuse Breath Test
Refuse Roadside Test
Drive Over 80 Mgs
Penalties for Impaired Driving and Drinking and Driving Offences