What is Impaired Driving in Canada?

Driving under the influence of alcohol and drugs is a criminal offence in Canada. It not only put the driver’s life at risk but also endanger the life of others on the road.

In this article, we’ll cover various forms of impaired driving, its legal consequences, testing procedures, and preventative measures.

Let’s get started.

Impaired driving refers to the act of driving when intoxicated by alcohol, drugs, or a combination of the two.

Usually, the police or law enforcement officers use a breathalyzer or go through a blood test to detect alcohol concentration. However, a driver having slurred speech, red or bloodshot eyes, and the smell of alcohol on the breath can be charged without the use of a breathalyzer or blood test.

Read More: Everything about DUI/Impaired Driving Charges in Regina

There are three types of impaired driving as follows:

In Canada, DUI is the most common type of impaired driving. When a driver drinks, alcohol enters the bloodstream and impacts the brain. Thus, it is harder for them to respond swiftly and make wise decisions. When blood alcohol content (BAC) is 0.08% or higher, the driver is considered impaired.

Even lower BAC levels might result in impaired driving. The prohibited limit for blood alcohol content (BAC) is 80 ml or more of alcohol per 100 millilitres of blood.

DUID is the practice of driving under the influence of drugs, making it difficult for the driver to control the vehicle safely. These substances might be illegal drugs or prescribed drugs.

Drug-impaired drivers may display poor coordination, altered perception and slow reaction times. It will be a less serious offence if the driver takes 2 nanograms (ng) and 5 ng of THC per ml of blood. However, it will be a more serious offence to have more than 5 ng of THC.

The effects on the driver will be much higher if the driver consumes both drugs and alcohol. Drugs and alcohol can impair a driver’s motor abilities, judgment, and response time. As a result, the situation makes it risky for both the driver and other road users.

If the driver takes 2.5 ng or more of TCH and 50 mg or more of alcohol, it will be considered driving under the influence of drugs and alcohol.

Driving while intoxicated is a crime under the Canadian Criminal Code, and different punishments may be imposed depending on how serious the conduct is. These sanctions include fines, license suspensions, jail time, and a criminal record.

If driving while intoxicated causes someone else’s harm or death, the penalties are more severe.

Here is an overview:

Charge:

1. Within 2 hours of driving, having BAC at or over 80 mg per 1000ml blood
2. Having 5ng or more of THC per ml of blood
3. Any detectable drugs like PCP, LSD, cocaine, ketamine, psilocin.
4. Having both BAC of 50 mg and 2.5 ng or more of

1st Time Offence

1. Minimum:  $1000
2. Maximum: 10 years of imprisonment

2nd Time Offence

1. Minimum: 30 days of imprisonment
2. Maximum:10 years of imprisonment

3rd Time Offence

1. Minimum: 120 days of imprisonment
2. Maximum: 10 years of imprisonment

If the driver refuses to take the drug or alcohol test or BAC over the legal limit (0.08), the officer will impose the following penalties on the driver.

• Pay a penalty of $550
• License will suspend for 90 days
• Vehicle will seize for 7 days
• Pay license reinstatement fee of $198
• Attend mandatory education program

Testing is important in enforcing impaired driving laws. There are several tests to identify whether the driver is impaired or not. These are as follows –

Police officers conduct field sobriety tests at a traffic stop. These tests are intended to evaluate a driver’s physical and mental capabilities.

Frequent field sobriety tests are as follows:

The driver is instructed to count up to a specific number on one leg. The officer will be on the lookout for indications of balance problems of the driver.

The police officer will ask the driver to take a series of steps in a straight line. Then the driver will turn around and walk back the same way from where he started. The officer will examine whether the driver faces difficulty following instructions and has problems with balancing.

The driver is asked to follow an object with their eyes. The officer will look for signs of impairment if the driver has involuntary eye movements.

A driver’s breath is tested with a breathalyzer to determine how much alcohol is present. These tests may be conducted at the scene of a traffic stop or a police station using a device that evaluates the quantity of alcohol in a driver’s breath sample. A breathalyzer test’s findings can be presented as evidence in court.

Blood tests are used to determine the amount of alcohol or drug content in the blood. These tests demand a blood sample, which might be intrusive, but they are more accurate than breathalyzer testing.

Blood tests are often performed at a hospital or other healthcare institution, and the results may be used as proof in court.

To avoid breaking the law and facing criminal charges for intoxicated driving, follow the precautions below:

• While consuming alcohol, choose a sober designated driver, take public transportation, hire a cab, or stay the night.
• Choose who will drive after a night out, and ensure they don’t drink alcohol.
• To reduce the rate of alcohol absorption in the body, eat a lot of food.
• Provide many non-alcoholic beverages like water, juice, and flavoured drinks.
• Never provide alcohol to children.

Impaired driving is a criminal offence in Canada. It poses a threat to the driver as well as endangers the lives of others. The Canadian government implements strict laws and uses various testing methods to detect impairment.

Therefore, never drive after drinking; the danger is never worth it. However, if you are are ever charged with DUI or face a DUI accident, get help from a lawyer immediately.

You are not allowed to enter Canada if you have committed a major crime and are found guilty of driving while intoxicated. As a result, you cannot enter Canada.

How do I get a pardon for impaired driving in Canada?

To get a pardon for DUI, complete all sentences, including

1. Paying all fines, compensation orders, and surcharges.
2. Fulfilling any parole requirements and jail sentences
3. Obey any probationary requirements.

There are numerous testing techniques to identify impairment in Canada. These are Breathalyzers, Field sobriety tests and Blood tests.

Depending on how serious the incident was, driving while intoxicated can result in fines, license suspension, criminal prosecution, and even incarceration.

Impairment impacts a driver’s coordination, judgment, and response time. It is always best to be cautious and refrain from driving after taking alcohol or drugs.