What Is an Impaired Driving Charge in Ontario?

Understanding impaired driving charges

An impaired driving charge can arise from alcohol, drugs, or a combination of both. Although people often use “DUI,” “impaired driving,” and “Over 80” interchangeably, Canadian criminal law contains several distinct offences. Understanding which offence is alleged matters because the Crown must prove the elements of the particular charge beyond a reasonable doubt.

Under section 320.14(1)(a) of the Criminal Code, it is an offence to operate a conveyance while a person’s ability to operate it is impaired to any degree by alcohol, a drug, or a combination of alcohol and a drug. Section 320.14(1)(b) creates a separate alcohol-concentration offence where a person has a blood alcohol concentration of at least 80 milligrams of alcohol in 100 millilitres of blood within two hours after ceasing to operate, subject to statutory exceptions.

Impaired operation and Over 80 are not the same allegation

An impaired-operation case focuses on whether a person’s ability to operate was impaired to any degree. Police and prosecutors may rely on observations such as driving behaviour, speech, coordination, odour of alcohol, admissions, witness evidence, video, or other circumstances.

An Over 80 allegation focuses on blood alcohol concentration within the statutory two-hour period. A person may face both charges arising from the same investigation. The evidence and legal issues relevant to each count can overlap, but they are not identical.

How an investigation may begin

An impaired-driving investigation may begin after a traffic stop, a RIDE program, a collision, a 911 call, or an officer’s observations. Police have statutory powers to make alcohol- and drug-related screening demands in circumstances authorized by the Criminal Code. An investigation can progress from roadside screening to arrest and further evidentiary testing.

The exact sequence matters. Defence counsel may review why the vehicle was stopped, what officers observed, the timing and wording of demands, the timing of samples, video evidence, police notes, instrument records, and whether the accused was provided access to counsel as required by law.

Possible consequences

A criminal charge can be accompanied by immediate provincial driving consequences before the criminal case is decided. Ontario also imposes separate consequences following a criminal conviction, including licence suspensions, education or treatment requirements, and ignition-interlock requirements. These provincial consequences exist alongside the sentencing provisions of the Criminal Code.

The consequences can affect employment, insurance, professional responsibilities, family obligations, and the ability to drive. The exact impact depends on the person’s circumstances and the outcome of the case.

How impaired-driving charges may be defended

Being charged does not mean a person will be convicted. The Crown must prove every required element beyond a reasonable doubt using admissible evidence. Depending on the case, legal issues may include whether operation can be proven, whether impairment can be proven, the reliability and admissibility of breath or blood evidence, compliance with statutory requirements, disclosure issues, and potential Charter breaches.

There is no universal defence to an impaired-driving charge. A meaningful assessment requires the disclosure and the facts of the individual case.

Speak with a criminal defence lawyer

Impaired-driving files can involve technical evidence and strict statutory rules. A lawyer can review the allegations, obtain and analyze disclosure, identify legal issues, explain the court process, and advise on the possible consequences and options based on the evidence.

If you have been charged with impaired driving in Ontario, contact LZZ Defence to discuss your case. This article provides general legal information only and is not legal advice.