Driving Under the Influence Rules in Canada

Among driving violations, impaired driving is most emphasized upon, it can also be referred to as driving under the influence, driving while intoxicated and operating while intoxicated.  Impaired driving usually results in stronger fines and penalties than normal driving violations.  Impaired driving entails that the person driving has consumed enough alcohol to impair his driving abilities and can be usually determined either by a blood-alcohol test, some other sobriety test, or just by the observation of an officer.

Drinking and driving is the most common crime committed in Canada. It is also the greatest cause of criminal injury and death. Drivers who choose to drink and drive face not only endangering themselves or someone else, but also face severe legal and other consequences

In Canada there aren’t any national laws covering all aspects of drinking and driving, instead all provincial governments have enacted their own measures against impaired driving. The Constitution of Canada defines the powers of the federal and provincial or territorial levels of government.

All provinces and territories also use their authority under their respective highway traffic laws to impose administrative sanctions and measures that apply to drivers convicted of Criminal Code drinking-driving offenses. Note that some provinces may suspend driver's license upon an individual being charged with impaired driving, rather than being convicted.

References to Criminal Code

Under the Criminal Code of Canada, driving a vehicle under the influence of alcohol is a generic term for a series of offenses.

The main offenses are laid down under section 253 (a) and (b) of the Canadian Criminal Code and include:

1. operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, and

2. operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 milliliters of blood.

Different types of Offenses

Impaired Driving causing death or bodily harm

Drinking and driving if it causes death or bodily harm and if the right circumstances exist, could lead to serious charges, such as dangerous driving, manslaughter or criminal negligence.

First offense

The minimum charge if convicted of impaired driving is a $600 fine and 1 year driving prohibition.

Second offense

The minimum charge if convicted for the second time with impaired driving is 14 days jail time and and 2 year driving prohibition.

Third or subsequent offenses

The minimum charge if convicted for the third or any subsequent offenses is 90 days jail time and 3-year driving prohibition or worse.