Fighting an Impaired Driving Charge

As the leading criminal cause of death and injury in Canada impaired driving is a serious matter with significant legal and personal consequences. Whether it’s your first driving offence or a repeat issue the ramifications can be extensive, affecting everything from your driving privileges to your employment opportunities.

What is Impaired Driving?

Impaired driving in Ontario is defined as the act of operating a conveyance (motor vehicles, vessels, aircraft) while the driver’s ability to do so is compromised by alcohol, drugs, or a combination of both. This is a criminal offence under the Criminal Code of Canada and carries severe penalties aimed at safeguarding public safety. Impaired driving falls under Section 253(1) of the Criminal Code of Canada. According to this section, there are two ways a person can be charged for impaired driving:

• Operation while impaired: It is an offence for a person to operate or have “care and control” of a motor vehicle while s/he is impaired.
• Operation with a blood alcohol concentration over 80 mg: It is an offence for a person to operate or have “care and control” of a motor vehicle if there are more than eighty milligrams of alcohol in every hundred millilitres of his/her blood.

Whether or not someone has care and control of a motor vehicle is determined on a case-by-case basis, but if someone is found to be in the driver’s seat of a vehicle they are generally presumed to be in care and control of that vehicle.

What Blood Alcohol Level is Classified as Driving While Intoxicated?

In Ontario the legal threshold for blood alcohol concentration (BAC) when driving is 0.08%. This means that a driver with a BAC of 0.08% or higher is considered to be driving while intoxicated and can be charged with impaired driving. Ontario has even stricter rules for young and novice drivers, as well as commercial drivers, who must maintain a 0% BAC while operating a vehicle. Impaired driving isn’t limited to alcohol. The presence of certain concentrations of drugs, including cannabis (THC), in a driver’s system can also constitute impaired driving. There are two prohibited levels for THC, the primary psychoactive component of cannabis. It is a less serious offence to have between 2 nanograms (ng) and 5 ng of THC per ml of blood. It is a more serious offence to have 5 ng of THC or more per ml of blood. Having any detectable amount of LSD, psilocybin and psilocin (“magic mushrooms”), ketamine, PCP, cocaine, methamphetamine, or 6-mam (a metabolite of heroin) in your system within two hours of driving is prohibited. Drivers may face impaired driving charges when under the influence of both alcohol and drugs. The combined effects can significantly impair motor skills, leading to unsafe driving conditions and a higher risk of accidents. The prohibited levels of alcohol and cannabis, when found in combination, is 50mg or more of alcohol per 100 ml blood and 2.5 ng or more of THC per ml of blood.

Legal Consequences of an Impaired Driving Charge

Impaired driving charges in Ontario come with serious legal consequences that can significantly impact various aspects of your life. A conviction for impaired driving results in a criminal record, which can have long-term repercussions on:

• Employment Opportunities: Many employers conduct background checks, and a criminal record can limit job prospects.
• Travel Restrictions: Certain countries, including the United States, may deny entry to individuals with an impaired driving conviction.

Further consequences stemming from an impaired driving conviction can include:

• Increased Insurance Rates: Convicted individuals typically face substantially higher car insurance premiums.
• Mandatory Educational Programs: Participation in rehabilitation programs or educational courses may be required.
• Vehicle Impoundment: In some instances, especially for repeat offenders, the vehicle used at the time of the offence may be impounded for a period.

What is the Minimum Driver License Suspension Period for a First-Time Impaired Driving Conviction?

For a first-time impaired driving conviction under section 320.14 of the Criminal Code, the penalties include:

• A mandatory minimum fine of $1,000.
• A driver’s license suspension period of at least one year.
• While the primary penalty is a fine, imprisonment is also a possibility, with a maximum sentence of up to 10 years for severe cases or repeated offences.

What is the Minimum Driver License Suspension Period for Subsequent Impaired Driving Convictions?

The penalties escalate with subsequent offences:

• Second Offence: The mandatory minimum increases to a 30-day imprisonment and a longer suspension period.
• Third and Subsequent Offences: A minimum of 120 days in prison, which can increase depending on the specifics of the case.

What Happens in the Event of Refusing to Provide a Breath Sample?

Refusing to provide a breath sample when requested by law enforcement is treated with great severity and the consequences can sometimes be harsher than those for failing a breath test. Similar to impaired driving, the penalty for refusing to provide a breath sample includes a mandatory minimum fine of $2,000, escalating jail time for repeat offences, and a mandatory criminal record. Your driver’s license will also be immediately suspended, with the possibility of vehicle impoundment.

How a Brampton Criminal Lawyer Can Help Fight an Impaired Driving Charge

A Brampton criminal lawyer plays a crucial role in defending individuals facing impaired driving charges. They begin with a thorough examination of the arrest circumstances, ensuring that all legal procedures were followed correctly. This scrutiny can reveal potential flaws in the case, such as errors in administering the breathalyzer test or violations of the client’s rights during the arrest process. Such discoveries can form the basis for a strong defence, potentially leading to reduced charges or even a dismissal of the case. A knowledgeable lawyer can challenge the reliability and accuracy of the evidence presented. This includes questioning the calibration and maintenance records of breathalyzer devices, as well as the credibility of the officer’s observations and reports. By meticulously dissecting the prosecution’s evidence a Brampton criminal lawyer can create substantial doubt about the validity of the charges. In court the lawyer employs strategic defences for your case to fight the impaired driving charge. This could involve presenting alternative explanations for the observed behavior such as medical conditions that mimic signs of intoxication, or highlighting procedural mistakes made by law enforcement. The goal is to undermine the prosecution’s case and protect the client’s rights. Throughout the process a Brampton criminal lawyer provides invaluable guidance through the complexities of the legal system. They help clients understand the charges against them, the potential penalties, and the best course of action. This includes negotiating plea bargains where appropriate, aiming to minimize the impact of the charges on the client’s life. Facing an impaired driving charge is a stressful experience, and having a dedicated legal advocate can provide peace of mind and confidence. Through a combination of legal acumen, strategic defence, and personal support, a Brampton criminal lawyer is crucial in navigating the challenges of an impaired driving charge and striving for the best possible outcome for their client. If you or someone you know is facing an impaired driving charge, do not hesitate to seek professional legal counsel from a criminal lawyer in Brampton. Contact Zamani Law today to schedule a consultation and take the first step towards safeguarding your future.