If you are facing impaired driving charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Impaired driving, or driving under the influence (DUI), is found under s.320.14 of the Criminal Code. A person may be charged with impaired driving if they are found operating a vehicle, vessel, or aircraft while under the influence of alcohol and/or drugs, impacting their ability to drive.
Charges can happen regardless of whether the vehicle is in motion. If the vehicle was operational and an individual was under the influence of alcohol or drugs, it can be established that there was a risk of the vehicle causing a danger to others.
This is a hybrid offence, meaning they are either summary or indictable depending on how the Crown interprets the circumstances of every individual case. The punishments depend on a few factors, and range from 2 years to life imprisonment. For more on potential sentencing outcomes, see our Toronto jail sentence overview.
Repeat offenders face increasingly harsh penalties, including mandatory jail time for second and subsequent offences. These penalties become even more severe if the impaired driving causes bodily harm or death.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of impaired driving beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto impaired driving lawyer today by calling (647) 986-8077.
Key Takeaways
- The severity of impaired driving offences depends on whether an individual is charged under a summary offence or an indictable offence.
- An individual may face incarceration for impaired driving, ranging from between 2 years to life imprisonment.
- When deciding on bail conditions, the Courts apply the ladder principle in which the least restrictive conditions are applied unless the Crown can prove otherwise.
- These conditions are subject to the individual circumstances of each case.
- Most bail conditions for impaired driving involve driving prohibitions.
- Impaired driving charges can be beaten. Contact a Strategic Criminal Defence lawyer today for assistance in determining the best strategy for you.
How can an impaired driving lawyer in Toronto help?
Navigating the criminal justice system can be daunting for an individual, which is why hiring a Strategic Criminal Defence lawyer has many benefits. For a step-by-step look at what to expect, see our Toronto court process guide. We can provide pre-charge legal advice so you know your legal rights and options. We can also protect you from self-incrimination by providing important guidance on how to handle your conversations with law enforcement.
Our team will gather important evidence like police reports, breath test records, and video footage from police vehicles or nearby security cameras. Our lawyers can also identify potential problems with how tests were conducted or how evidence was collected. When necessary, they can bring in expert witnesses to challenge the reliability of breath testing equipment or question police procedures.
Impaired driving Charges in the Criminal Code of Canada
According to section 320.14 of the Criminal Code:
Operation while impaired
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
Operation — low blood drug concentration
(4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).
Exception — alcohol
(5) No person commits an offence under paragraph (1)(b) if
(a) they consumed alcohol after ceasing to operate the conveyance;
(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and
(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.
Exception — drugs
(6) No person commits an offence under paragraph (1)(c) or subsection (4) if
(a) they consumed the drug after ceasing to operate the conveyance; and
(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.
Exception — combination of alcohol and drug
(7) No person commits an offence under paragraph (1)(d) if
(a) they consumed the drug or the alcohol or both after ceasing to operate the conveyance;
(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and
(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c).
Examples of Impaired Driving Charges
Here are some examples of what could lead to impaired driving charges in Toronto:
- Drunk driving;
- Driving while smoking cannabis;
- Driving with a blood alcohol concentration (BAC) of 0.08 or higher;
- Driving while under the influence of prescription medications that impact your driving ability.
Consequences of an Impaired Driving Charge
Impaired driving charges are hybrid offences so they can be classified as either a summary or an indictable offence.
If the charge is classified as an indictable offence, impaired driving can result in up to 10 years of imprisonment. If the impaired driving caused bodily harm to another, there can be up to 14 years of imprisonment. If death is caused by impaired driving, the consequence can be up to life imprisonment.
If the charge is classified as a summary offence, there can be up to 2 years of imprisonment for impaired driving, regardless of whether bodily harm was caused.
In addition to the above, all impaired driving charges also have mandatory minimum punishments regardless of whether they are summary or indictable offences:
- The first offence – $1,000 fine;
- The second offence – 30 days imprisonment;
- The third offence – 120 days imprisonment.
If your breath sample shows a high blood alcohol concentration, there are additional fines:
- A BAC between 120 mg to 160 mg of alcohol in 100 mL of blood: $1,500 minimum fine
- A BAC greater than 160 mg of alcohol in 100 mL of blood: $2,000 minimum fine
Other factors, such as bodily harm, death, street race participation, and operation of a large motor vehicle, are also considered by the Courts when determining fines and jail sentences and can lead to an increase in the penalties for impaired driving.
Impaired Driving Charge Defences
When facing an impaired driving charge, there are several legal defences that might be available depending on the specific circumstances of your case. There are many defences that can be applied to DUI charges. The following is an outline of the most common defences that can could be available, depending on the circumstances:
- Charter Rights Violations: The Charter of Rights and Freedoms outlines an individual’s rights and freedoms before and after their arrest. If at any time the police use excessive or unreasonable force, a violation of section 7 of the Charter may arise.
- Unlawful reason for stop: In Canada, you can be pulled over by the police to conduct a licence, insurance, mechanical fitness, and sobriety of the driver check. Any reason other than those listed can be an unlawful reason for a traffic stop. For example, if you are pulled over by the police over speculation that you are involved in criminal activity, any evidence of impaired driving can be deemed impermissible in court.
- Technical Defences: Sometimes the reliability and accuracy of breath or blood testing procedures can be argued. Testing equipment must be properly maintained and calibrated, the technician needs to be qualified to operate it, and mandatory observation periods need to be followed.
Impaired Driving Charge Investigation
An investigation usually starts with officers seeing signs of impaired driving, like swerving, speeding up or slowing down in strange ways, or breaking traffic laws.
If officers have a good reason to think the driver is impaired, they can ask them to take standardized field sobriety tests. Officers will also look for physical signs. These may include symptoms like slurred speech, bloodshot eyes, or smelling alcohol.
The police may take breath samples at the side of the road and/or at the police station.
During this time, officers write down what they see, such as how the driver acts, the results of the tests, and any statements made. They will also tell drivers that they have the right to talk to a lawyer and give them that chance before more breath tests are completed.
Bail Conditions for Impaired Driving Charges
When someone is charged with driving while impaired and released on bail, they have to follow certain conditions.
One of the most common bail conditions is a restriction on driving. Some people may only be able to drive cars that have an ignition interlock device, which is a device that checks for alcohol before the car will start.
The court often requires people who are charged with impaired driving not to drink or use drugs. They usually also have to check in with the police or a bail supervisor on a regular basis. The person who is accused may have to go to a police station or meet with a supervisor once a week or once a month.
As part of their bail conditions, some people may have to go to counselling. If an accused person breaks these bail rules, they could get more charges and have to stay in jail until their court date.
