Can you be charged Impaired Driving On Private Property in Canada?

Impaired driving is a serious criminal offence in Canada. It is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 80 mg or more per 100 ml of blood or impaired by alcohol or drugs.

So, it is clear that you will be charged with impaired driving in Canada for their high priority of human safety guidelines. But can you be charged with impaired driving on private property? It makes a lot more sense, right?

In the past, there was some uncertainty about whether a person could be charged with impaired driving on private property. However, a recent decision by the Supreme Court of Canada has clarified the law in this area.

Let’s dive in and search for the answer in this blog!

Impaired driving is a criminal offence under section 253 of the Criminal Code of Canada. It is defined as operating a motor vehicle while:

• Having a BAC of 80 mg or more per 100 ml of blood;
• Being impaired by alcohol or drugs; or
• Being impaired by a combination of alcohol and drugs.

The BAC limit of 80 mg is the same for drivers and passengers. It is important to note that even if your BAC is below the legal limit, you can still be charged with impaired driving if you are impaired by alcohol or drugs.

Yes, you can be charged with impaired driving in Canada even on private property. Whether you’re driving an ATV on your land, riding a golf cart, or even sitting in a parked car in your driveway, impaired driving laws still apply.

The Supreme Court of Canada’s decision in McColman v. R. (2021) clarified the law on whether a person can be charged with impaired driving on private property.

In this case, the accused was driving an ATV on his own property when the police stopped him. The police had observed the accused driving erratically and had reasonable grounds to believe that he was impaired.

However, the accused argued that he could not be charged with impaired driving because he was on private property. The Supreme Court of Canada ruled that the accused could be charged with impaired driving.

• First—the Court held that the Criminal Code does not prohibit the police from charging someone with impaired driving on private property as long as they have reasonable grounds to believe that the person is impaired.
• Second—the Court also noted that the fact that the accused was on private property did not mean he was not a danger to the public.

The Court stated that “the purpose of the impaired driving laws is to protect the public from the dangers posed by drivers who are impaired by alcohol or drugs.”

In British Columbia, impaired driving laws apply not only to highways and public roads but also, in certain cases, to private property. There are some factors that could affect whether you can be charged with impaired driving on private property. The Supreme Court of Canada decision in McColman v. R. does not mean you can be charged with impaired driving for simply being on private property.

There are several factors that could affect whether you can be charged, including:

The type of private property plays a major role. If you are driving on a private road open to the public, you are more likely to be charged with impaired driving than driving on a private driveway. If you are running a vehicle on land that is accessible to the public — such as a parking lot at a shopping mall, a campground road, or a private road used by many residents — you can be charged in the same way as if you were on a public street.

Police often assess not just where you are driving but how you are driving. If you are driving dangerously, like weaving, speeding, or causing damage, you are more likely to be charged with impaired driving, even on private property. However, slowly backing up your car in your driveway while under the influence may not always lead to criminal charges. It could still put you at risk if neighbors or property are endangered.

Safety of others is a core concern in impaired driving cases. If other people are present on the property, you are more likely to be charged with impaired driving. If no one else is around, police may have less basis to pursue charges, but it doesn’t completely eliminate the risk.

The purpose of your driving also matters. If you are driving on the property for a legitimate purpose, such as to get home or to work, you are less likely to be charged with impaired driving than driving on the property for recreational purposes. Courts and police consider intent and context when determining whether impaired driving laws apply.

In short, whether someone in BC can be charged with impaired driving on private property depends on several factors: the accessibility of the property, the way the vehicle is being operated, the presence of other people, and the purpose of the driving. The law prioritizes public safety, so if your actions create risk, charges are much more likely — even if you are not on a public road.

Can you be charged with impaired driving on private property in Canada?

In conclusion, the Supreme Court of Canada’s decision in McColman v. R. has clarified that you can be charged with impaired driving on private property if the police have reasonable grounds to believe you are impaired.

This means you should not assume you are safe from being charged with impaired driving simply because you are on private property. If you are pulled over by the police on private property, it is important to cooperate with the police and remain calm.

It is important to remember that impaired driving is a serious offence in Canada. If convicted of impaired driving, you could face significant penalties, including fines, imprisonment, and a driving prohibition.

If you have been drinking or using drugs, it is always best to err on caution and not drive. There are many other ways to get home safely, such as calling a taxi or ride-sharing service.

Read more to learn about drinking and driving charges in Canada.

You can be charged with impaired driving if pulled over on your driveway, as long as the police have reasonable grounds to believe you are impaired.

Yes, you can be charged with impaired driving if you are driving a golf cart on your own property, as long as the golf cart is considered a motor vehicle under the law. In most provinces, golf carts are considered motor vehicles.

You are likely charged with impaired driving if you are driving a lawnmower on your own property. Lawnmowers are not typically considered motor vehicles under the law.