Impaired Driving Charges | Brampton Criminal Lawyers

Our Brampton Criminal Lawyers defend all impaired driving charges, Over 80mgs, refuse breath sample, careless driving, and more.  

Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions.  The Criminal Code prohibits driving while impaired to any degree by drugs, alcohol, or a combination of both. Penalties for this offence range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence.

New Impaired Driving laws came to force in December 2018.  The Government has a Fact-Sheet with helpful information to understand your requirements.  You can be convicted if your blood alcohol level (BAC) is over 80 mgs within 2 hours of driving.

https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/longdesc.html

On October 17, 2018, cannabis became legalized in a strictly-regulated market. Therefore, the Government of Canada put in place stronger laws to deter and detect those who drive while impaired by alcohol and drugs, including cannabis.  The Government has put out answers to frequently asked questions about Drug-Impaired Driving Laws.  You can find them here:  https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/qa2-qr2.html

In addition to the offence of impaired driving, there are separate offences of having specified prohibited levels of alcohol, cannabis or certain other drugs in the blood within two hours of driving. Penalties range from fines to life imprisonment, depending on the severity of the offence.  See: https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/?msclkid=c94e9dddabd711ecb232bce0ccdc2133

Alcohol 

The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood.  

Cannabis (THC) 

There are two prohibited levels for THC, the primary psychoactive component of cannabis: it is a less serious offence to have between 2 nanograms (ng) and 5 ng of THC per ml of blood. It is a more serious offence to have 5 ng of THC or more per ml of blood.  

Combination of alcohol and cannabis 

The prohibited levels of alcohol and cannabis, when found in combination, is 50mg or more of alcohol per 100ml blood and 2.5 ng or more of THC per ml of blood.  

Other drugs 

Having any detectable amount of LSD, psilocybin, psilocin ("magic mushrooms"), ketamine, PCP, cocaine, methamphetamine or 6-mam (a metabolite of heroin) in your system within two hours of driving is also prohibited.  The prohibited level for GHB is 5mg or more per litre of blood, since the body can naturally produce low levels of this drug.

Operation while impaired under Section  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  under subsection (2) states that Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.  Marginal note: 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. 

Failure or refusal to comply with demand  under Section 320.15 (1) states Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28. 

Failure to stop after accident under Section 320.16 (1) states Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance. 

Operation while prohibited  under Section 320.18 (1) states Everyone commits an offence who operates a conveyance while prohibited from doing so  (a) by an order made under this Act; or  (b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.

Our experienced team of Criminal defence Lawyers represent clients charged with impaired driving charges in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario.      If you have been charged with a criminal charge, contact our Criminal Lawyers for a free telephone case evaluation today.  We will fight to defend your charges and get you the results you deserve.

Penalties for drug-impaired driving