DUI/Impaired Driving

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A "DUI” stands for “driving under the influence”. Another term for DUI, is “DWI”, which stands for “driving while impaired”. Both of these terms refer to driving while a person is under the influence of alcohol or drugs.  

The Canadian legal term is driving while impaired by alcohol or drug. The Criminal Code of Canada definition is found under section 320.14(1)(a) and states: 

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 drug or by a combination of alcohol and a drug

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Driving With A Blood Alcohol Level Equal to Greater Than 80

Another charge under the Criminal Code of Canada is driving with a blood alcohol level greater than, or equal to, 0.08. This is colloquially referred to as “driving over 80”. However, it is important to note that recent changes to the Criminal Code of Canada have made it an offence to drive with a blood alcohol level equal to or greater than 0.08. The Criminal Code definition is found under section 320.14(1)(b) and states: 

320.14(1) Everyone commits an offence who 
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal t or exceeds 80 mg of alcohol in 100 mL of blood

What’s the difference between “impaired driving” and “driving with a blood alcohol level equal to or greater than 0.08”?

Impaired driving means that your ability to operate a motor vehicle was impaired by alcohol or drug (or a combination of the two). The Prosecutor must prove that your ability to operate the motor vehicle was impacted by alcohol or drug. The Prosecutor has to prove 2 things: (1) that you were driving or in care and control of a motor vehicle, and (2) that your ability to drive or be in care and control of that motor vehicle was impaired by alcohol. How does the Prosecutor do that? The Prosecutor will call evidence at your trial that proves that you were driving, or in care and control of the vehicle, and that you appeared to be intoxicated by alcohol or drug, to the point that it affected your driving. The Prosecutor does not have to prove that you were grossly intoxicated – intoxicated by alcohol or drug, even to a slight degree, if it impacts your ability to operate a motor vehicle, is an offence. 

Driving with a blood alcohol level equal to or greater than 0.08
is a separate offence under the Criminal Code of Canada.

In this case, the Prosecutor does not have to prove that you appeared to be intoxicated by alcohol at all – whether you appeared intoxicated or stone-cold sober doesn’t matter. If the police officer had the legal right to ask you to blow into a machine, and your blood alcohol level was equal to, or greater than, 0.08, you will most likely be charged with driving with a blood alcohol level equal to or greater than the legal limit. The law has determined that anybody – regardless of height, size, weight, sex, what they had to eat, what they had to drink, etc. – who has a blood alcohol level of 0.08 or above, is legally too impaired by alcohol to drive a motor vehicle.  

Driving With A Drug Concentration Over The Legal Limit

Similar to driving a motor vehicle with a blood alcohol level over the legal limit, Canada has now enacted laws against driving with a blood drug concentration over the legal limit. The blood drug concentration differs with each type of drug. The charge under the Criminal Code of Canada is under s. 320.14(1)(c) and states: 

320.14(1) Everyone commits an offence who

(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.

Driving with a blood drug concentration over the legal limit is a new charge in Canada. It is not being commonly charged at this point because the science of proving a person’s drug concentration within a certain timeframe is still legally challenging.

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How Can I Possibly Defend Myself Against These Charges?

Impaired driving and driving with a blood alcohol or drug concentration over the legal limit are very technical charges to defend. In fact, most judges will strongly advise against individuals trying to represent themselves. If you’ve been charged with one of these offences, the lawyer you hire is going to make all the difference to whether you will be successful. Impaired driving is one of the areas of law that changes frequently – you need a lawyer that keeps up with all those changes and knows the defences that will and won’t work.

There are some defences that used to be successful, that cannot be argued anymore. Likewise, there are new arguments that can be made in your defence. You need a lawyer who understands the defence.  

These are one of those charges that I discussed in the defence. The witnesses in your case are going to be police officers. The evidence against you is going to include expert evidence and evidence from machines that were used to calculate your blood alcohol level or drug concentration level. The defence is going to come from your lawyer’s ability to cross examine these police officers effectively and challenge the evidence through the Canadian Charter of Rights and Freedoms.

Don’t be discouraged, and never plead guilty before you talk to a lawyer. We successfully defend these cases all the time. We’re here for YOU.