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Impaired Driving

The offence of Impaired Driving prohibits the operation or care and control of a vehicle while the person’s ability to operate it is impaired by drug or alcohol.

There isn’t any particular level of intoxication that is required. Even slight impairment is capable of supporting an Impaired Driving charge. However, in order to be convicted, the Crown must prove to the court, beyond a reasonable doubt, that the person’s ability to operate the vehicle was in fact impaired at the relevant time.

The proof of impaired driving is largely based on the observational evidence of eyewitnesses, usually the investigating officer, including the officer’s observational evidence regarding the balance, comprehension, co-ordination, fine motor skills, judgment, physical movement and reaction time of the accused. Impaired Driving cases can become complicated when involving drugs rather than alcohol as the testimony of a Drug Recognition Expert will be required.

The lack of any coordination or comprehension difficulties can be used to refute a charge of impaired driving. Often any videos taken during the investigation become important pieces of evidence to either support or refute impaired driving allegations.

Consequences of a DUI Drinking & Driving Conviction

On being charged with a drinking and driving offence (i.e., before you’ve even been to court!), your vehicle will be immediately impounded for 1 week and your driver’s licence will be immediately suspended for 90 days.

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In each case, if convicted, you will face a criminal record, an immediate downgrade from 6-star driving record for 6 years, much higher insurance rates once you are able to resume driving and you will have to complete remedial measures implemented by the Ministry of Transportation (Ontario) in order to have your licence reinstated.

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In addition, the judge may issue a probation or restitution order. A probation order may include: abstaining from alcohol, under-taking community service, submitting to an alcohol or drug assessment, participating in treatment, and any “other reasonable conditions the court considers desirable”. A restitution order compels the offender to compensate the victim, but these are less common in drinking and driving cases.

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The potential penalties are even greater when a drinking and driving offence leads to a person being injured or killed. In these cases, you could face a maximum possible penalty of life imprisonment for Impaired Driving causing death or 10 years for Impaired Driving causing bodily harm.

 

The following chart summarizes the potential costs and penalties associated with impaired driving:

First DUI Offence Minimum Penalties:

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  • $1000 fine (Depending on your BAC level, the minimum fine may be increased up to $2,000) + 30% victim fine surcharge

  • 1 year licence suspension (You may be able to drive after 3 months IF you plead guilty within 90 days of being charged AND install an Alcohol Ignition Interlock Device. If you are found guilty after trial, you will not be able to drive for at least 6 months IF you install an Alcohol Ignition Interlock Device)

  • Remedial measures requirement

  • 9 or 12 month ignition interlock condition upon reinstatement (Stream A or B)​

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