Drinking & Driving
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The Largest Single Criminal Cause of Death and Injury in Canada
The issue of impaired driving has prompted unprecedented public concern. The efforts of victims, community groups, police services, concerned individuals and the government have helped to reduce the number of deaths and injuries so often inflicted by those who drink and drive.More charges are laid for drinking and driving offences
than any other Federal offence.
It is a crime to operate any motor vehicle, boat or aircraft while your ability is impaired by alcohol or drugs. The police DO NOT need breath or blood test samples to charge you with impaired driving. An officer need only to have evidence that your ability to drive is impaired by drugs or alcohol. This evidence may be testimony as to the manner in which you were driving or speaking; the presence of alcohol on your breath or lack of physical coordination.
If someone is killed or injured as a result of your impaired driving you can be charged with the serious offence of impaired driving causing death or bodily harm.
It is a criminal offence to drive if you have more than 80 milligrams of alcohol in 100 millilitres of blood,
(.08 per cent blood alcohol level). The way you were driving makes no difference nor does your apparently sober behaviour. The criminal offence is based solely on whether your blood alcohol level exceeded .08 per cent while operating a motor vehicle.The Criminal Code gives the police powers to demand that suspected drivers provide breath, and in some circumstances, blood samples.
If the test results establish that your blood alcohol level exceeds .08 per cent, then you could be charged under an offence in the Criminal Code.It is also a criminal offence to refuse to comply with the police demand to submit to the test unless you can establish a reasonable excuse for your refusal. The fact that you were driving safely or that you had a blood alcohol level below .08 per cent is irrelevant.
If the police suspect that you have any alcohol in your body then they may demand that you take a breath test on a screening device at roadside. If the police have reasonable and probable grounds to believe that you are impaired or have a blood alcohol level of .08 per cent then they can demand that you accompany them to give breath samples for evidence in a breathalyser test at the police station.
If you are found guilty of any of the previously described criminal offences, then the court will prohibit you from driving for a fixed period of time as part of your punishment.
PLEASE DON'T DRINK AND DRIVE
Penalities for Impaired Driving OffencesAdministrative Driving Prohibition Aimed at Drinking Drivers:
If a driver fails or refuses a test for alcohol, police have the power to serve a notice of prohibition to the driver, take the driver's licence and issue a temporary 21-day licence. A 90-day driving prohibition begins after 21 days.
Drivers have access to an administrative review process. By ensuring swift and severe sanction for impaired driving, administrative prohibition is a substantial deterrent.
Minimum penalty for a first impaired driving offence is $600 fine and a one year driving prohibition under the Code and another one (concurrent) under the Motor Vehicle Act.
For subsequent offences, it depends if the Crown is proceeding by way of Notice to Seek Greater Punishment. If yes, then there are minimum 14 day (2nd offence) and 90 day (3rd or more) jail sentences, and correspondingly longer driving prohibitions.
If Crown not proceeding by notice, then court has discretion to impose the minimum fine or a higher fine or jail.
Please Drive Carefully!
