Care and Control While Impaired

Fighting Care & Control While Impaired

Care and control while impaired means, having the “care or 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 in a parked vehicle.

As Toronto DUI lawyers, Charitsis Law fights care and control DUI charges. Our defence strategies for care and control and impaired driving charges have helped hundreds of drivers in Ontario, and we can help you.

Where you need to speak to a criminal lawyer, call Charitsis Law at 416-731-7113.

What is Care & Control While Impaired

Care and control while impaired means, being in the position of having the care and control of 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.
• Intent: What was the driver’s intent? Did they fall asleep while waiting to continue driving or did they make an active plan not to drive.

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)]

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.

Penalties for Care & Control While Impaired

If convicted of Care and Control you face these penalties

At the Toronto courts a conviction for care and control carries the same consequences as if the driver was arrested for impaired driving, even if the vehicle was not moving.

If you plead guilty, the court penalties are mandatory, many of which create long-term legal, immigration, employment, and financial consequences.

Mandatory penalties 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 of any sort, 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.
• Licence reinstatement fee – $281 fee 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 testing for alcoholism or drug abuse.
• 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 criminal 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.

Care & Control – Financial Cost of Pleading Guilty

Why it’s worth fighting care and control charges

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?

Why you need to fight a care and control while impaired charge

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.

Review Your Case with Charitsis Law

Before you make any decisions about your case, call and speak with Toronto DUI lawyer Nicholas Charitsis. A former Crown Attorney in the Toronto criminal courts, Mr. Charitsis has defended DUI and impaired driving charges for more than 25 years.

Get advice from a DUI lawyer who understands how impaired driving cases are proven in court and how they can be successfully defended. Call 416-731-7113.

At Charitsis Law, there is no cost and no obligation to have your case reviewed by 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.

Fighting Care & Control While Impaired

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.

Even when a person is found inside a vehicle, this does not automatically result in a conviction.

Defences to Care and Control While Impaired:

Intent and Context
In many care and control cases, an important question is whether you intended to drive the vehicle. A person may be inside a vehicle for reasons other than driving, such as waiting for a ride, using a phone, or sleeping. A careful review of the evidence can show there was no intention to put the vehicle in motion. Depending on the facts of the case, this can become an important issue in defending the charge.

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.

Charter of Rights Violations
Unlawful detention, improper breath demands, or failure to provide timely access to counsel may lead to key evidence being excluded.

Breathalyzer evidence
Breathalyzer results are often a key part of the Crown’s case, but they should never be accepted without careful review. The police must follow strict legal procedures when demanding breath samples, operating the approved instrument, and presenting the evidence in court. A detailed review of the disclosure can reveal problems with the breathalyzer evidence or the way it was obtained, which can become an important part of the defence.

Timeline of Events
The timing of an impaired driving investigation should always be carefully examined. The time of the traffic stop, arrest, breath demands, breath samples, and any delays can all become important issues. Unreasonable delays, gaps in the police evidence, or inconsistencies in the timeline can affect the reliability of the Crown’s case.

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 Legal 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.

Pre-trial hearings are important because they 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
• Explain your side of the case and why the charges should be dropped or reduced

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.

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.

How the Crown Attorney Evaluates Care & Control Cases

How the Crown Attorney looks at your care and control case.

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.

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 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. Police must prove impairment

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.

Helping Drivers Throughout the Toronto and the GTA

If you are facing a care and control charge or any drinking and driving offence, Charitsis Law represents clients throughout Southern Ontario. Meet with an experienced criminal defence lawyer at our offices in Brampton, Oshawa, Aurora, Newmarket, or Muskoka, or contact us to discuss your case and the court process.

Speak With Nicholas Charitsis Today

You’ll speak directly with Nicholas Charitsis—not a call centre or an intake representative.

Care and Control FAQs