Impaired Driving Penalties In Canada

The term, ‘impaired driving’ in Canada is used to indicate operating a motorized vehicle when the ability to safely to so is hindered by the use of alcohol or drugs. Motor vehicles include, but are not limited to, automobiles, motorbikes, trucks, trains, planes, boats and even snowmobiles. For the first conviction, impaired driving penalties in Canada is a compulsory minimum fine with the prospect of a minimum compulsory ban for one year.

If a driver is convicted a second time, the judge must award a compulsory jail sentence of 14 days. The sentence may be served during weekends. The driver is also banned for two years. A third conviction will mean a compulsory jail sentence of at least ninety days along with a 3-year ban. Subsequent convictions add three years each to the ban.

Drivers in Ontario, Canada, should note that if they are charged with impaired driving, they will most certainly lose their license on the spot for a 3-month period. It is irrelevant whether they are innocent, if they are wrongfully charged or wrongfully accused and then later they turn out to be exonerated in a court of law, the mere fact that they have been charged means they are immediately banned. Furthermore, again in Ontario, a conviction of a 4th offence results in a permanent prohibition and no possibility of having the drivers license reinstated.

Residents from foreign countries, including America, may find their native government is notified in the event they lose their license as a result of a conviction for impairment. The license is sent by the local authorities to the Ontario Ministry of transportation, who may forward it to their home country along with the reason why. Non-citizens of Canada may also be deported in the event of a conviction for a drunk driving offence.

Individuals are penalized equally if they are impaired, ‘Over 80’ or for Refusal. (‘Over 80’ means their blood alcohol has been tested and found to be equal to or greater than 80 milligrams (mg) alcohol per 100 milliliters (ml) blood. ‘Refusal’ is the legal term for declining to give a breath sample).

The charge of operating a motor vehicle with more than 80 mg of alcohol per 100 ml of blood is a separate drunk driving charge from impaired driving. It is also called ‘Over 80.’ You may be able to drive and have none of the classic signs of impairment but if you are over the limit, you may be charged. The penalties for Over 80 are the same as for impaired operation of a motor vehicle. If a driver is found to have more than twice the legal limit of alcohol in their blood, penalties may be correspondingly harsher.

The ‘classic signs’ of impairment looked for by police officers include things like slurred speech/difficulty talking, dilated pupils, and red, glassy or glazed eyes. They also take into account any loss of motor control or control of bodily functions, trouble standing or difficulty staying awake.

If a person is caught behind the controls of a motor vehicle during a period when they are supposed to be prohibited, a judge may sentence them to a minimum five years in prison or six months with a huge fine.

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