Impaired Driving Charges

Section 320 of the Criminal Code deals with several driving related offences, including operation of a vehicle while impaired by drug or alcohol and operation of a vehicle while an individual’s blood alcohol concentration is over 80.

Operation while Impaired by Drug or Alcohol

• • Section 320.14(1)(a) states that everyone commits an offence who operates a conveyance (vehicle) while they are impaired as a result of alcohol or drug consumption, or by a combination of the two. Impaired driving charges are general intent offences. This means, that for the offence to be made out, it is enough for the accused to have voluntarily consumed alcohol or drugs for the purpose of intoxication prior to operating a vehicle.  It is not necessary for the accused to have had knowledge of the effects that such consumption may have on them.

Impaired Driving Charges Sentencing

Operation while impaired is a hybrid offence. The Crown may elect to proceed by indictment or summarily against an accused.  If the Crown proceeds by indictment, an accused may be liable to a term of imprisonment of not more than 10 years, and in the case of a summary election, to a term of imprisonment of not more than two years less a day and/or a $5000 fine.  Further, in either instance, to a minimum punishment for a first offence of a fine of $1000.  For a second offence: a term of imprisonment of 30 days. For each subsequent offence: imprisonment for a term of 120 days. If convicted, a driving prohibition would also be imposed.

Operation while Over 80 BAC Charges

Section 320.14(1)(b) states that everyone commits an offence who has, within two hours of ceasing to operate a vehicle, a blood alcohol concentration that is equal to, or exceeds, 80mg of alcohol in 100mL of blood.

Operation while Over 80 BAC Charges Sentencing

The same sentencing principles apply to this offence as to Section 320.14(1)(a) – see impaired driving above. But the minimum fines for a high blood alcohol concentration are different.  Everyone who is convicted of operation while over 80 BAC is liable, for a first offence, to minimum punishment of:

• • A fine not less than $1500 if the person’s BAC is equal to or exceeds 120mg but is less than 160mg of alcohol in 100mL of blood; and
  • A fine of not less than $2000 if the person’s BAC is equal to or greater than 160mg of alcohol in 100mL of blood.
    • If convicted, a driving prohibition would also be imposed.

Refusal to Provide a Sample Charges and Sentencing

Section 320.15(1) states that it is an offence to refuse to provide a sample, without reasonable excuse, where a demand has been made to test for the presence of alcohol or drugs.

• • During sentencing, the Crown may proceed by indictment or summarily. The sentence/fines to be imposed are the same as for Section 320(1) offences above. If convicted, a driving prohibition would also be imposed.

Operation while Impaired and Causing Bodily Harm or Death Charges and Sentencing

Such charges, under Section 320.14(2) and (3), are levied on those individuals who, while operating a vehicle under the influence of alcohol or drugs, cause bodily harm or death to another person.

• • If bodily harm is caused, the Crown may proceed by indictment or summarily.
    • If by indictment: an accused may be liable for a term of imprisonment of not more than 14 years. Minimum punishments also apply as well as a driving prohibition.
    • If summarily: an accused may be liable for a term of imprisonment of not more than two years less a day and/or a fine of $5000. Minimum punishments also apply as well as a driving prohibition.
  • If death is caused, the Crown will always proceed by indictment.
    • In such instances, an accused may be liable to life imprisonment. Minimum punishments also apply as well as a driving prohibition.