Impaired Driving Lawyer in Canada

What Impaired Driving (DUI) covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The accused operated a conveyance or had care or control of it
• For section 320.14(1)(a), the ability to operate was impaired to any degree by alcohol, a drug, or a combination
• For section 320.14(1)(b), the blood alcohol concentration was 80 mg or more within two hours of operation
• The breath or blood samples were taken in accordance with the statutory demand and testing requirements
• Identity of the accused and the date and jurisdiction of the alleged offence

Penalties and consequences on conviction

• A mandatory minimum fine of $1,000 for a first offence, rising with the blood alcohol concentration under section 320.19
• A mandatory minimum of 30 days imprisonment for a second offence and 120 days for a third
• A mandatory driving prohibition under section 320.24, in addition to provincial licence suspension
• Substantially increased insurance premiums and, in many provinces, mandatory ignition interlock and remedial programs
• A criminal record that creates admissibility problems at the United States border

Common defences

• The Crown cannot prove operation or care and control, for example where the accused was asleep and not a realistic risk of setting the vehicle in motion
• Non-compliance with the approved instrument requirements, including calibration, temperature and operator qualification
• The demand was not made forthwith or as soon as practicable as the statute requires
• Section 10(b) Charter breaches, including denial of a reasonable opportunity to contact counsel before the breath tests
• Section 8 and section 9 breaches arising from an unlawful stop or detention
• For drug cases, deficiencies in the drug recognition evaluation or in the sampling and analysis

Impaired driving lawyer: frequently asked questions

Can police demand a breath sample without suspecting I have been drinking?

Yes. Section 320.27(2) permits mandatory alcohol screening, so an officer lawfully enforcing driving laws who has an approved screening device at hand may demand a sample without any suspicion. The lawfulness of the underlying stop and the officer's compliance with the statute remain open to challenge.

Is refusing the breathalyser better than failing it?

No. Refusal or failure to comply with a demand is a separate offence under section 320.15 and carries the same mandatory minimum penalties as impaired driving, including the mandatory driving prohibition. There is no tactical advantage to refusing.

Do I lose my licence before the case is decided?

Yes, in every province. Administrative roadside suspensions and post-charge suspensions are provincial measures that operate independently of the criminal charge. Restoring driving privileges usually depends on the provincial scheme and any interlock program, not on the outcome in criminal court.