IMPAIRED DRIVING

Operation while impaired

Section 320.14(1) of the Criminal Code (CC)

• Pursuant to this section, everyone commits a criminal offence who operates a conveyance while that person’s ability to operate is impaired to any degree by an alcohol or drug or by a combination of an alcohol and a drug; or who exceeds the prescribed blood alcohol concentration (BAC) of 80mg of alcohol in 100ml of blood.

A conviction for impaired driving:

In Canada, if your BAC level is over 0.08, or you appear to be impaired, you will face a criminal charge for impaired driving. Your license will be suspended automatically for 90 days and your vehicle will be impounded for a period 7 days.

Drug impaired driving:

Drugs can also impair your ability to drive. This is true for both illegal drugs and prescription or over-the-counter medication.

Immediate Penalties for Impaired driving include:

• 90-day immediate roadside licence suspension
• a $275 licence reinstatement fee
• An immediate vehicle impoundment for 7 days
• Depending on the circumstances, an ignition interlock condition will be placed on your licence for a minimum 6 months

IF YOU ARE CONVICTED, you will also face :

Penalties for impaired driving are quite severe and range depending on the circumstances. Under the Criminal Code, a person convicted of impaired driving may face the:

• For indictable charges, up to ten (10) years in prison and a minimum punishment of a $1000.00 fine for the first offence, 30-days in prison for a second offence, and 120-days in prison for each subsequent offence.
• For summary charges, up to two (2) years in prison and a minimum punishment of a $1000.00 fine for the first offence, 30-days in prison for a second offence, and 120-days in prison for each subsequent offence

Additional penalties if convicted:

• A criminal record
• Minimum 1-year licence suspension for a first offence
• Minimum three-year licence suspension for a second offence within 10 years
• Possible lifetime licence suspension for a third or subsequent offence in 10 years (which may be reduced if certain criteria are met)
• Mandatory enrollment in educational program (usually Back on Track) http://www.remedial.net/
• Mandatory use of an ignition interlock device (for one, three or six years)

Tips to avoid impaired driving:

There are simple steps you can take to avoid driving while you are impaired by drugs or alcohol:

• Make sure you have a plan to get home safely
• Ask your doctor or pharmacist about any side effects related to driving when using prescription medication
• Read the information on the package of any prescription drugs or over-the-counter medicine, including allergy and cold remedies
• Ask your doctor or pharmacist about how a prescription drug could affect you- drugs and alcohol together can affect your driving even more than either one alone
• Remember, fatigue and stress will also affect your ability to drive safely

Recently, the Ontario government has increased the penalties for the following offences:

• impaired driving
• violating the alcohol and drug zero tolerance requirement for young (21 and under), novice and commercial drivers

It is important to note that if you are charged for the second time for an impaired driving offence, the consequences will be more severe. All penalties will be multiplied, and you will be required to attend a mandatory education or treatment program.

If you need more information, we can book your consultation with Abraham Top Law Office.

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