Impaired driving (often referred to as "driving under the influence" or "D.U.I.") is a criminal code offence. Because of its frequency in the general population and the serious consequences a conviction for impaired driving can have, it is one of the most heavily litigated areas of Canadian law. The 3 Major Charges There are in fact a number of separate offences in the Criminal Code that relate to impaired driving and the breathalyser process. The 3 major offences are: 1) "Over 80" - This refers to having more than the legal amount of alcohol in your blood as measured by a breath or blood test. The legal limit in Canada is 80 milligrams of alcohol in 100 millilitres of blood. 2) "Impaired" - This refers to the operation of a motor vehicle while your ability to operate the vehicle is impaired by alcohol or a drug. 3) "Refuse Sample" - This refers to a refusal to comply with a demand by a peace officer to provide a breath or blood sample. There are also separate offences for impaired driving causing bodily harm and impaired driving causing death that carry greater maximum penalties and are typically dealt with more severely by the courts. Separate Offences It is important to note that each of the 3 charges noted above constitutes a separate offence, and that you could be convicted of impaired driving even when your blood alcohol level is below the legal limit for example. In circumstances where a driver is stopped by police and subsequently blows "over 80" on a breathalyser test, it is common for that person to initially be charged with both "Over 80" and "Impaired". Impaired Driving Without The Driving You also do not have to be actually driving in order to be charged with Impaired Driving or Over 80. It is enough if you have "care or control" of the vehicle - for example if you are sitting in the driver’s seat of a stationary vehicle. There may be defences available to you in circumstances where the vehicle is not being driven, but the mere fact that the vehicle was not in motion when the police arrived does not constitute a defence by itself. Talk To A Lawyer There are many potential defences to alcohol-related driving charges and if you have been arrested or charged it is advisable to discuss your case with an experienced criminal lawyer as soon as possible, regardless of whether you think you may be guilty. Even if it is your intention to enter a guilty plea you should be fully informed of the consequences of your decision beforehand and learn how to best present your situation to the court before the judge decides on the penalty you will receive. Additionally, there may be problems with the prosecution’s evidence or defences available to you that you are unaware of. For an example of an impaired driving case where Stern & Albert successfully obtained an acquittal for our client by challenging the prosecution’s evidence, please click here.

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