Driving under the influence of drugs or alcohol can impair your ability to drive safely and increases the risk of an accident. It is not only dangerous but also against the law. This offence can claim lives and lead to criminal charges, even jail time.
According to Statistics Canada, a total of 72,039 impaired driving cases were reported in 2015. Of these, 122 were cases of impaired driving causing death and 596 causing bodily harm. This criminal offence is one of the leading causes of death in Canada and it is alarming to know that drug-impaired driving is increasing. Of the number of drivers killed in vehicle crashes, 40% tested positive for drugs and 33% tested positive for alcohol.
These facts draw our attention towards the importance of educating Canadians about the risks and consequences of driving under the influence of drugs or alcohol. With the help of a DUI lawyer in Brampton, we have elaborated on what you must know about impaired driving so that you can become a responsible and educated citizen.
What Is Impaired Driving?
Impaired driving is the criminal offence of operating, controlling or having care of a motor vehicle while impaired by drugs, alcohol or a combination of both. It is punishable under multiple offences in the Criminal Code and the consequences are serious. A person can be charged without a breath analyzer or blood test if the driver shows signs of impaired such as slurred speech, red/ bloodshot eyes and the smell of alcohol coming from the breath.
Broadly speaking, impaired driving consists of two distinct related charges under the section 253 (1)(a) & 253(1)(b) of the Criminal Code. Section 253 (1)(a) refers to prohibiting a person from operating a vehicle, vessel, aircraft or railway equipment while impaired by alcohol or drugs. Section 253(1)(b), also known as Over 80, refers to an offence where a driver’s blood concentration exceeds 80 milligrams of alcohol per 100 millilitres of blood, i.e. a blood alcohol concentration (BAC) over 0.08.
What Are the Consequences?
If you’re charged with impaired driving or Driving Under Influence (DUI), you can face some serious consequences. According to the Ministry of Transportation, Ontario, it includes-
Immediate Penalties for Failing the Standardized Field Sobriety Test (BAC Is or Over 0.05)
- For first offence your driving license will be suspended for 3 days (this cannot be appealed) and/ or $250 will be charged as penalty.
- For the second offence within 5 years, your license will be suspended for 7 days, you’ll have to pay $350 penalty and you have to attend a mandatory education program (for a second occurrence within 10 years).
- For the third and subsequent offences within 5 years, the penalties include a 30-day license suspension, $450 penalty, compulsory attendance to a mandatory treatment program, required use of an ignition interlock device for at least six months and a mandatory medical evaluation to determine whether you meet the requirements of driving in Canada.
Penalties for a BAC Over the Legal Limit (0.08) or Refusal to Take the Drug or Alcohol Test
- Your license will be suspended for 90 days
- Your vehicle will be impounded for 7 days
- You’ll have to pay a penalty of $550
- You’ll have to $198 as license reinstatement fee
- You must attend a mandatory education program
- You’ll be required to use an ignition interlock device for at least six months
If you’re convicted in court, you can face additional fines and jail time, especially if you fail to hire an experienced criminal lawyer who will represent you in court.
How to Avoid Impaired Driving?
If you don’t want to violate the driving rules and be criminally charged for impaired driving, become a responsible adult and follow these tips-
- Choose a non-drinking designated driver, use public transport, call a friend or family member, call a taxi or stay overnight when consuming alcohol
- When going out, you decide in advance who is going to drive home and make sure that he/she doesn’t consume any alcoholic beverages
- Eat plenty of food to slow the rate of alcohol absorption in your body
- Don’t let others attempt to drive when they are under the influence of alcohol
- If you’re the host, offer guests plenty of non-alcoholic beverages such as water, juice and flavoured drinks
- Never serve alcohol to minors
- Arrange alternate transportation when offering alcoholic drinks at your party
Understanding the seriousness of impaired driving, the consequences of this criminal offence and tips to avoid it can help you avoid a dangerous situation. Be a law-abiding citizen and help the law enforcement officials but preventing others from drinking and driving. But, if you have charged with impaired driving, make sure that you hire a reliable criminal defence lawyer in Brampton for legal assistance.