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Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious offence in Canada. Understanding the legal implications, consequences, and options available to you if charged can be crucial. This article addresses some of the most frequently asked questions regarding impaired driving.

1. What constitutes impaired driving?

Impaired driving includes operating a vehicle while under the influence of alcohol, drugs, or a combination of both. The legal limit for blood alcohol concentration (BAC) is 80 milligrams of alcohol per 100 millilitres of blood, or 0.08%. However, you can still be charged with impaired driving even if your BAC is below 0.08% if you exhibit signs of impairment.

For cannabis, there are two prohibited levels for THC, the primary psychoactive component of cannabis: a level between 2 nanograms (ng) and 5 ng of THC per ml of blood is a less serious offence. Levels of 5 ng of THC or more per ml of blood constitutes a more serious violation.

2. What are the penalties for impaired driving?

If found guilty, the penalties for impaired driving can be severe and vary depending on the circumstances:

  • First Offence: Minimum $1,000 fine, criminal record, mandatory 12 month licence suspension. In rare cases, jail time is a sentencing option.

  • Second Offence: Mandatory minimum 30-day jail sentence and a longer licence suspension.

  • Third and Subsequent Offences: Minimum 120-day jail sentence, extended licence suspension, and possibly a lifetime driving ban.

In addition to these penalties, you may also face additional fines, mandatory alcohol education programs, and the installation of an ignition interlock device in your vehicle.

3. What happens if I refuse to take a breathalyser test?

Refusing to take a breathalyser test when requested by a police officer is a serious offence. Refusal can lead to the same penalties as an impaired driving charge, including fines, licence suspension, and jail time. Also, unwillingness to provide a breath sample will result in an automatic licence suspension of 90 days under the Administrative Driver’s Licence Suspension (ADLS) program.

4. Can I challenge an impaired driving charge?

Yes, you can challenge an impaired driving charge in court. There are several defences that may be available, such as challenging the accuracy of the breathalyser test, questioning the legality of the traffic stop, or disputing the evidence of impairment. It’s crucial to consult with an experienced, Armoured Suits criminal defence lawyer who can evaluate your case and advise on the best course of action.

5. What is the Ignition Interlock Program?

The Ignition Interlock Program is a mandatory requirement for some individuals convicted of impaired driving. The program requires the installation of an ignition interlock device in your vehicle, which prevents the car from starting if it detects alcohol on your breath. The program is designed to eliminate repeat offences and ensure that drivers are sober when operating a vehicle.

6. How long will an impaired driving conviction stay on my record?

An impaired driving conviction will remain on your driving record for at least 10 years. This can have long-term consequences, such as increased insurance premiums and potential difficulties in obtaining certain jobs. In some cases, a conviction can also result in a criminal record, which can have additional implications for travel and employment.

7. What are the immediate consequences of an impaired driving charge?

If charged with impaired driving, you will face immediate consequences, including:

  • Automatic Licence Suspension: Your driver’s licence will be automatically suspended for 90 days.

  • Vehicle Impoundment: Your vehicle may be impounded for 7 days.

  • Court Appearance: You will be required to appear in court to answer the charges against you.

These immediate consequences are in addition to any penalties that may be imposed if you are convicted of the offence.

8. Can I get my licence reinstated after an impaired driving conviction?

Yes, you can get your licence reinstated after an impaired driving conviction, but there are several steps you must follow. These may include completing the mandatory suspension period, paying all fines and fees, attending an alcohol education or treatment program, and installing an ignition interlock device in your vehicle. Once these requirements are met, you can apply for reinstatement of your licence.

9. How does impaired driving affect my insurance?

An impaired driving conviction can have a significant impact on your auto insurance. After a conviction, you will likely be classified as a high-risk driver, which can result in substantial increases in your insurance premiums. In some cases, your insurance provider may refuse to renew your policy, forcing you to seek coverage from high-risk insurance providers at a much higher cost.

10. What should I do if I’m charged with impaired driving?

If you’re charged with impaired driving, it’s important to act quickly:

  • Contact a Lawyer: Seek legal advice from an experienced criminal defence lawyer who specialises in impaired driving cases.

  • Understand Your Rights: Be aware of your rights during the legal process, including the right to challenge the evidence against you.

  • Prepare for Court: Gather all relevant information and evidence to build your defence with the help of your lawyer.

Impaired driving is a serious offence with significant legal, financial, and personal consequences. If you or someone you know is facing an impaired driving charge, understanding your rights and the legal process is crucial. Consulting with an Armoured Suits lawyer and making informed decisions can help mitigate the impact of the charges and navigate the legal system more effectively.