Yes No Share to Facebook
Fighting Impaired Driving Charges: Operation of Automobiles, Watercraft, among other things
Question: What are the legal consequences of impaired driving in Canada?
Answer: Impaired driving, governed by section 320.14 of the Criminal Code, leads to serious charges that vary from impaired operation to causing bodily harm or death, each with escalating penalties. Whether it's a fine or imprisonment, the implications are significant. It's crucial to have representation from a knowledgeable legal professional, like David Oake, Barrister (o/a MuskokaCriminal.Law™), who can help navigate these complex legal waters and defend your rights effectively.
The charge that is commonly known and referred to as driving under the influence ("DUI") or driving while impaired ("DWI") is actually a misnomer. Technically, in law, the charge is impaired operation of a conveyance ("impaired driving") which may involve a motor vehicle, a watercraft of many types, an aircraft, or railway equipment. Additionally, the charge has three variations depending on whether the conduct caused danger, caused injury, or caused death. Regardless of the variations, all are viewed as very serious issues that should be carefully reviewed and addressed by a qualified legal professional.
The Law
In 2018, the Criminal Code of Canada, R.S.C. 1985, c. C-46 received numerous amendments. Among the changes, the charge formerly known as impaired driving, previously found at section 249 of the Criminal Code was repealed and amended to the new charge known as dangerous operation of a conveyance along with new version of the applicable wording. The new charge is found at section 320.14 of the Criminal Code and the wording specifically states:
Impaired operation
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
As indicated, section 320.14(1) addresses impaired operation posing a danger to the public while section 320.14(2) addresses impaired operation causing bodily harm or injury and section 320.14(3) addresses impaired operation causing death. With each increasing level of seriousness, and every level is indeed serious, the degree of potential penalties and punishments increases.
Possible Penalties
As above, the possible penalties, as potential punishments, upon conviction for the impaired operation offences vary depending on the circumstance and the specific charge. For impaired operation causing risk of danger, the possible penalties are found at section 320.19(1). For impaired operation causing injury, the possible penalties are found at section 320.20. For impaired operation causing death, the possible penalties are found at section 320.21. Specifically, the penalty sections state:
Punishment
320.19(1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days.
Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
(a) for a first offence, a fine of $1,000;
(b) for a second offence, imprisonment for a term of 30 days; and
(c) for each subsequent offence, imprisonment for a term of 120 days.
Conclusion
The charge of impaired driving, which is formerly known in law as impaired operation of a conveyance, involves a range of charges of increasing severity with each carrying a range of increasing severity for the potential penalties, all of which are significantly serious. Regardless of which impaired driving charge an accused person is facing, the hiring competent legal representative is strongly urged.
Explore Fighting Impaired Driving Charges Further...
Here are links to four (4) other webpages:
NOTE: Many searches involving “lawyers near me” or “best lawyer in” often reflect a need for immediate, capable legal representation rather than a specific professional title. In the province of Ontario, licensed paralegals are regulated by the same Law Society that oversees lawyers and are authorized to represent clients in designated litigation matters. Advocacy, legal analysis, and procedural skill are central to that role. MuskokaCriminal.Law™ delivers representation within its licensed mandate, concentrating on strategic positioning, evidentiary preparation, and persuasive advocacy aimed at achieving efficient and favourable resolutions for clients.