Impaired
Driving

What Is An Impaired Driving Offence?

The term impaired driving (also referred to as DUI or Driving Under the Influence) is a general term used to describe the criminal offence of operating or having care or control of a motor vehicle while the person’s ability to operate the motor vehicle was impaired by alcohol or drugs. The legal limit is set out in the Criminal Code as a blood alcohol content of over .08. In public slang, this offence is described as an “over 80 offence”.

The Canadian Criminal code divides DUI and Impaired driving offences into five categories:

• Impaired Driving – Criminal Code section 320.14(1)(a)
• Driving Over the Legal Limit – Criminal Code section 320.14(1)(b)
• Driving Over the Legal Limit – Criminal Code section 320.14(1)(c)
• Driving Over the Legal Limit – Criminal Code section 320.14(1)(d
• Refusing A Breath Demand – Criminal Code section 320.15(1)

The Legal Limit Of 80 Mg

In contrast to the widespread perception, this offence does not require the driver to actually be impaired by alcohol. Instead, parliament has set a limit (artificially) that states everyone whose blood or breath sample tests reveal intoxication over the legal limit is guilty of a criminal offence pursuant to s. 253(b) of operating a motor vehicle “having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in 100 milliliters of blood”.

The United States government views driving over the legal limit as an offence of a regulatory nature that lacks moral culpability. Impaired driving, unlike “over 80”, is actually properly understood to refer to operating a motor vehicle at a time and place when the person’s ability to operate a motor vehicle is actually impaired by alcohol or drugs. There is no legal limit requirement. Generally, if a person is charged with the over the legal limit offence, they will also be charged with being impaired.

Burden Of Proof

Proof of impairment must be observable and will almost inevitably require proof beyond a reasonable doubt that the driving pattern contained behavior that could only have reasonably come from impairment. (That is not the legal test, but an accurate depiction of most factual cases where impairment is proven). Typically, the Crown will prove such offences through “indicia of impairment,” for example, bloodshot eyes, unusual driving patterns, etc.

Possible Penalties

The penalties are identical for impaired driving and driving with a BAC greater than .08:

• For a first offence, a fine of between $1000-$200 and a driving prohibition of one year (depending on the BAC).
• For a second offence, there is a 30-day jail penalty and a driving prohibition of two years.
• For a third offence, the jail penalty is increased to 120 days, and a license suspension of three years is applicable.

Let A Dependable DUI And Impaired Driving Lawyer In Edmonton Handle Your Case

Police have numerous highly unusual powers to assist in the enforcement of road laws, and there are several presumptions that assist in the prosecution of the offences. An example of a highly unusual power given to police is the power to demand a roadside screening device sample without giving the accused the right to counsel.

Given the presumptions and requirements to entrust police with these special powers, the law in this area has become incredibly complicated and beyond the ability of public members to defend themselves. In any criminal case, an accused should always seek legal representation from a reputed DUI lawyer in Edmonton. Mr. Royer has a record of successfully defending people charged with these offences. His dedication and attention to detail earned him the reputation of one of the best DUI lawyers in Edmonton.