Understanding Care & Control Charges
Care and control while impaired means, having the care and control of a motor vehicle while the drivers ability to operate it is impaired by alcohol or a drug. You do not need to be driving to be charged.
Under the Criminal Code of Canada this means you can be charged even if you were not driving. “Control” means the driver had the ability to start or move the motor vehicle, like having the keys and being in the driver’s seat.
The law looks at the risk that the driver might operate the motor vehicle, not whether it actually moved.
Where you need to speak to a criminal lawyer, call Charitsis Law now at 647-930-0200.
Relevant Criminal Code provision:
Operation While Impaired — Criminal Code of Canada (s. 320.14)
[View the full section on the Justice Laws Website (Government of Canada)]
Penalties Care & Control Impaired Driving
A care and control impaired driving conviction carries the same consequences as impaired driving, even if the vehicle was not moving. If you plead guilty, the court must penalties are mandatory, many of which create long-term legal, immigration, employment, and financial consequences.
If convicted after pleading guilty, the mandatory penalties typically include:
- Criminal record (permanent) – A conviction results in a lifetime criminal record that can affect employment opportunities, professional licensing, immigration matters, and international travel, including possible entry restrictions to the United States.
- Mandatory criminal fine – The Criminal Code requires minimum fines based on blood alcohol concentration (BAC):
- $1,000 minimum fine if BAC is 80–119 mg
- $1,500 minimum fine if BAC is 120–159 mg
- $2,000 minimum fine if BAC is 160 mg or higher
- Minimum 1-year driving prohibition – A federal driving prohibition applies across Canada and covers any motor vehicle as defined under the Criminal Code, meaning you cannot legally operate vehicles powered by an engine, including cars, trucks, motorcycles, construction equipment, farm equipment, riding lawn mowers, and electric bicycles. These all fall within the Criminal Code definition of a motor vehicle.
- Ignition interlock requirement (up to 3 years) – Drivers must install and maintain an ignition interlock device before being permitted to drive again, paying all installation, monitoring, and maintenance costs personally.
- Administrative monetary penalty – $550 provincial administrative penalty issued at the time the charge is laid.
- Licence reinstatement fee – approximately $281 payable before your licence can be reinstated after the suspension period ends.
- Mandatory medical evaluation – The Ministry of Transportation may require a medical review to determine whether you are medically fit to drive, with physician assessment costs typically $50 to $200+, paid by the driver and not covered by OHIP.
- Insurance consequences – Insurance premiums commonly increase by approximately $5,000 or more per year for up to 6 years, often resulting in approximately $30,000 or more in additional insurance costs before rates gradually decrease.
- Employment and professional consequences – Commercial drivers often lose the ability to work in their field, and many regulated professionals such as lawyers, accountants, financial advisors, healthcare professionals, teachers, and real estate professionals may be required to report the conviction to their governing bodies.
- Possible jail sentences – Jail is possible even for first offences in serious cases and becomes mandatory for repeat impaired driving convictions.
How the Law Defines Care & Control
In Ontario, care and control while impaired means, being in a position to operate a motor vehicle while your ability is impaired by alcohol or drugs — even if the vehicle was not moving.
Courts consider several factors when deciding whether someone had care and control of a vehicle:
- Position inside the vehicle: Sitting in the driver’s seat strongly supports a finding of care and control, even if the engine was off or the vehicle was parked.
- Access to the keys: Having the keys in the ignition, in your hand, or within reach may create a legal presumption that you had control of the vehicle.
- Realistic risk of danger: The court looks at whether there was a realistic risk the vehicle could have been set in motion while you were impaired, not whether you actually intended to drive.
- Evidence of impairment: Police observations, breathalyzer results, or drug recognition testing may be used to support a charge of impaired care and control.
Under the Criminal Code, a person found in the driver’s seat is presumed to have care and control unless there is evidence showing there was no realistic risk of the vehicle being driven.
Because these cases often turn on specific facts and technical details, understanding how care and control is defined is critical to building a strong defence.
Financial Cost of Pleading Guilty
Many people assume that pleading guilty is the least expensive option. In reality, the long-term financial consequences of a conviction are often far greater than the initial fine.
When the mandatory penalties are calculated together, the financial impact can be significant:
- Criminal fine: approximately $1,000 to $2,000+ depending on BAC
- Administrative penalty: $550
- Licence reinstatement fee: approximately $281
- Ignition interlock program: approximately $4,500 over three years
- Medical evaluation costs: approximately $50 to $200+
- Insurance increases: approximately $5,000 per year for about 6 years, totaling approximately $30,000 or more
| Expense Category | Estimated Cost Range |
|---|---|
| Fine + Surcharges | $1,200 – $2,500 |
| Administrative Penalty | $550 |
| Licence Reinstatement Fees | $280 – $500+ |
| Ignition Interlock (Install) | $1,000 – $1,500 |
| Ignition Interlock (Monthly) | $1,200 – $1,800 (1 year) |
| Back on Track Program | $600 – $1,000 |
| Medical Assessments | $300 – $800 |
| Insurance Increases (5 yrs) | $20,000 – $30,000+ |
| Total Estimated Cost | $25,000 – $40,000+
For many drivers, the long-term cost of a conviction can far exceed the cost of having a lawyer carefully review the evidence before any decision is made.
Can You Afford to Plead Guilty?
Care and control charges carry serious and lasting consequences that many people underestimate at the start.
A guilty plea can lead to a permanent criminal record, a mandatory driving prohibition, significant fines, increased insurance costs, and in some cases, jail. In addition, the impact can extend far beyond court lasting for years, affecting employment, travel, and your ability to move forward with your life.
Before you decide to plead guilty, have your case reviewed by our criminal lawyers, a DUI lawyer who understands how DUI cases are proven in court. At Charitsis Law there in no cost or obligation to review your case with a qualified lawyer.
A careful review of the evidence may reveal issues with the traffic stop, the breath demand, the timing of testing, or the reliability of the breathalyzer results. In many cases, these details can change the direction of the case and open the door to having charges reduced, withdrawn, or dismissed.
Before you decide to plead guilty, understand what the Crown must prove and whether the case against you is as strong as it first appears.
Care and Control vs Impaired Driving
Many people believe they cannot be charged unless they were driving. That is not correct.
Impaired driving means: you were operating a motor vehicle while your ability was impaired by alcohol or drugs. The vehicle must have been in motion, even if only for a short distance.
Care and control while impaired means: you were in a position to operate the vehicle, even if it was parked. The vehicle does not need to move.
| Impaired Driving | Care and Control |
| You were actively driving the vehicle. The vehicle was in motion. Police must prove operation and impairment. | You were not driving at the time. You were in the control of the vehicle. You had the keys, whether it was moving or not. The charge can even be argued if you were not even in the vehicle, but standing at or near. There was a realistic risk the vehicle could have been set in motion. |
Both offences are charged under section 320.14 of the Criminal Code. The penalties are the same.
The key difference is not whether you intended to drive. The question is whether there was a realistic risk that a driver who was under the influence of alcohol had the ability or control to put the vehicle into motion creating a risk to themselves or others.
Before You Decide to Plead Guilty, Speak With a Lawyer
The financial and long-term consequences of a conviction can be far greater than the cost of having a lawyer review your case.
Care and control charges often involve technical legal issues, for example; What was the intent of the accused? Many cases contain weaknesses that are not obvious at first glance. A careful review of your case can uncover those issues and identify defence strategies that may lead to your charge being withdrawn, reduced, or successfully challenged at trial
With proper review and strategy, positive outcomes are frequently possible. Call our office and speak to one of our DUI lawyers so we can assess your case and guide you toward the strongest possible result.
How the Crown Evaluates Care and Control Cases
In care and control impaired driving cases, the Crown attorney will review the entire situation, not just whether the accused was found inside a vehicle. The decision to proceed, negotiate, or resolve a case often depends on the overall strength of the evidence and the surrounding circumstances.
When assessing the case, the Crown will typically examine:
- Breath or blood alcohol readings – The level of impairment and whether the testing procedures were properly followed can significantly influence how the case is treated.
- Intent and surrounding circumstances – Evidence suggesting whether the accused intended to drive, or was attempting to wait until sober, may become an important factor.
- Actions before and after the incident – The Crown may review how the accused arrived at the location, what occurred before police arrival, and what actions were taken afterward.
- Location in the vehicle and position of the keys – Whether the accused was in the driver’s seat, passenger seat, or elsewhere in the vehicle, and where the keys were located, can affect how the evidence is interpreted.
- Whether there was an accident or property damage – Collisions, damage, or other public safety concerns often increase the seriousness with which the case is handled.
- Injuries to any persons – The presence of injuries can significantly increase the likelihood of the Crown proceeding more aggressively.
- Witness statements – Statements from bystanders, passengers, or other witnesses may be used to support the prosecution’s version of events.
- Interaction with police – Statements made to officers, as well as the accused’s overall interaction with police during the investigation, may also form part of the Crown’s assessment.
Because the Crown evaluates the entire factual context of the situation, care and control cases often depend heavily on detailed evidence review.
A careful legal assessment of disclosure can identify weaknesses in the prosecution’s case and help determine the most effective defence strategy moving forward.
Common Defence Issues in Care and Control Cases
While the Crown evaluates factors that may strengthen the prosecution’s case, care and control charges often hinge on whether those factors can actually be proven beyond a reasonable doubt.
Even when a person is found inside a vehicle, this does not automatically result in a conviction.
Common defence issues may include:
No Realistic Risk of Danger
The central legal question is whether there was a genuine and practical risk the vehicle could have been set in motion while impaired. If the vehicle was inoperable, the keys were not accessible, or steps were taken to avoid driving, the required risk may not exist.
Weak Evidence of Impairment
Borderline readings, inconsistent police observations, or procedural irregularities in breath testing can undermine the Crown’s case. If impairment is not clearly established, the charge cannot succeed.
Limited Access to the Keys
Where the keys were located matters. If they were stored away, in another person’s possession, or otherwise inaccessible, the presumption of control may be challenged.
Intention and Context
Although intention alone does not determine the case, courts consider whether the accused was attempting to avoid driving — for example, sleeping in the vehicle while waiting to sober up. The full context can significantly affect how risk is assessed.
Charter Violations
Unlawful detention, improper breath demands, or failure to provide timely access to counsel may lead to key evidence being excluded.
A review of the disclosure is essential to determine whether the required legal elements can truly be proven.
Before making any decision, it is important to understand not only how the Crown evaluates the case — but whether the evidence can withstand scrutiny by our DUI Lawyers.
How These Defence Issues Are Raised Before Trial
In many cases, strong defence issues are identified and raised well before a trial begins. After reviewing the disclosure, our DUI lawyers assess the evidence and bring those issues directly to the Crown Attorney during a pre-trial meeting.
This step is important because it allows the defence to do the following:
- Highlight gaps, inconsistencies, or missing evidence in the Crown’s case
- Challenge whether the legal test for care and control has actually been met
- Raise Charter issues that may lead to key evidence being excluded
When these points are clearly presented by an experienced criminal defence lawyer, the Crown Attorney may reassess the strength of the case. In some situations, this can result in the charge being withdrawn or resolved without going to trial.
If the matter is not resolved at the pre-trial stage, those same defence issues form the foundation of a strong trial strategy. This includes challenging the evidence, testing police procedures, and creating reasonable doubt in court.
Speaking with our DUI lawyers gives you a clear understanding of how your case will be handled, what defence strategies may apply, and whether there is a realistic path to having your charges withdrawn, reduced, or successfully challenged.
Speak with a DUI Lawyer
If you have been charged with care and control, you likely have questions about what happens next and how we can help you. Speaking with our senior and experienced lawyers can help you understand your options and the steps available to protect yourself.
If you’re unsure where you stand, a quick conversation can make a big difference. Call our DUI lawyers, ask your questions, and we can help you understand your situation and whether there may be a path to resolving or challenging the charge.
Speak directly with a lawyer. Your consultation is confidential. Call 647-930-0200 today to speak with a lawyer today.
Care and Control FAQs
Q. What does care and control mean in Canadian criminal law?
A. In Canadian criminal law, “care and control” refers to a person’s ability to operate or set a vehicle in motion, even if the vehicle is not actually being driven. Under the Criminal Code of Canada, you can face impaired driving charges simply by being in a position where there is a realistic risk the vehicle could move while you are impaired.
This means the Crown Attorney does not have to prove you were driving. Instead, the court looks at whether you had control over the vehicle and whether there was a real possibility of danger. For example:
• Sitting in the driver’s seat with access to the keys
• Being inside a parked vehicle while impaired
• Having the ability to start or move the vehicle at any time
However, the law also requires the Crown to prove that risk beyond a reasonable doubt. In many cases, a criminal defence lawyer can challenge whether that risk actually existed based on the surrounding facts.
As a result, care and control charges often turn on technical legal arguments, and a detailed review of the evidence can uncover issues that may lead to the charge being withdrawn or successfully challenged at trial.
Q. What are some behaviours that may indicate an impaired driver?
A. Police officers rely on a range of observations to form grounds that a driver may be impaired. These observations often become key evidence in impaired driving and care and control cases.
Common behaviours may include:
• Erratic driving, such as swerving or inconsistent speed
• Slow or delayed responses at traffic lights or stop signs
• Difficulty maintaining lane position
• Sudden braking or poor judgment on the road
In addition, officers may rely on personal observations after a stop, including:
• Odour of alcohol or drugs
• Slurred speech or red, watery eyes
• Difficulty answering questions or following instructions
• Unsteady balance or coordination issues
However, these signs are not always reliable. Fatigue, stress, medical conditions, or anxiety can produce similar symptoms. Because of this, an experienced criminal defence lawyer will closely examine whether the officer’s observations were accurate, consistent, and properly documented.
In many cases, weaknesses in these observations can be used to challenge the evidence and create reasonable doubt in court.
Q. What is care and control under the Criminal Code of Canada?
A. Care and control is defined and applied under impaired driving provisions of the Criminal Code of Canada. It allows the Crown to proceed with charges even when a person was not actively driving, as long as they had control of the vehicle and there was a realistic risk it could be set in motion while impaired.
The law creates a legal presumption in certain situations. For example, if a person is found in the driver’s seat, the court may assume they had care and control unless evidence shows otherwise.
Key legal elements the Crown must prove include:
• The accused had care or control of a motor vehicle
• The accused was impaired by alcohol or drugs, or over the legal limit
• There was a realistic risk of danger
In many cases, the defence focuses on challenging these elements. This may include showing there was no real risk of the vehicle moving, the keys were not accessible, or the person had taken steps to avoid driving.
Because these cases depend heavily on facts and context, a detailed disclosure review is essential to determine whether the Crown can meet its burden of proof.
Q. What is section 320.24(4) of the Criminal Code?
A. Section 320.24(4) of the Criminal Code of Canada addresses the concept of care and control and the legal presumption that can apply when a person occupies the driver’s seat of a vehicle.
In general terms, this section allows the court to presume that a person in the driver’s seat had care and control of the vehicle, unless there is evidence that rebuts that presumption. This means the burden can shift to the defence to raise a reasonable doubt about whether there was any realistic risk of danger.
To challenge this presumption, a criminal defence lawyer may present evidence such as:
• The vehicle was not operable
• The keys were not accessible or not in the accused’s possession
• The accused was using the vehicle as a place to sleep or avoid driving
• There was no intention or ability to put the vehicle in motion
If the defence can show there was no realistic risk, the presumption may be overcome. As a result, many care and control cases are successfully defended by focusing on this exact issue.
Because section 320.24(4) involves technical legal arguments and detailed factual analysis, speaking with an experienced DUI lawyer is critical to understanding whether this presumption can be challenged in your specific case.
Q. How do I find the best DUI lawyer for my care and control charge?
A. Finding the best DUI lawyer for your care and control charge starts with understanding that not all criminal defence lawyers approach these cases the same way. Care and control charges often involve technical legal issues, so you need a lawyer who knows how to identify weaknesses in the evidence and build a defence strategy that can win.
When evaluating a DUI lawyer, focus on factors that directly affect your case outcome:
• Experience with impaired driving and care and control cases
Look for a criminal defence lawyer who regularly handles DUI charges and understands how courts interpret “care and control.”
• Strong understanding of evidence and disclosure
The best DUI lawyers carefully review police notes, breath test records, and timing issues to uncover problems the Crown may not expect to be challenged.
• Proven ability to challenge the Crown’s case
This includes raising issues at pre-trial with the Crown Attorney and, when necessary, taking cases to trial to create reasonable doubt.
• Clear and direct communication
You should understand where your case stands, what defence strategies may apply, and how your case will be challenged.
• Reputation and client feedback
Consistent, positive reviews can reflect a lawyer’s track record and client experience, especially in serious criminal charges like DUI.
In many cases, the difference between a conviction and a successful outcome comes down to how early and effectively defence issues are identified and raised. A strong DUI lawyer will assess whether there was any real risk of danger, whether the evidence supports impairment, and whether your rights were respected throughout the court process.
The most effective way to know where you stand is to speak directly with a defence team that understands these cases. Call our DUI lawyers to review your situation, explain your options, and determine whether your charge can be withdrawn, reduced, or successfully challenged.
