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Impaired Driving DUI

In Canada, there are three drinking and driving offences:

  • Impaired Driving

  • Driving / Having Care and Control while Over 80

  • Refuse to Provide a Breath Sample

You may have heard some non-lawyers refer to these charges as "drunk driving" or "DUI".

Each of these offences is proven and defended in different ways. However, the possible penalties that a convicted individual would face are similar. In each case there are mandatory minimum penalties for these offences.

Driving While Prohibited

Driving While Prohibited

Driving while prohibited is a criminal offence under section 320.18 of the Criminal Code. It applies when a person operates a motor vehicle despite being under a court-ordered prohibition from driving, usually as part of a sentence for impaired driving or other serious traffic offences. The offence is taken seriously by the courts because it reflects a deliberate disregard for judicial authority and poses a risk to public safety.

Dangerous Driving

Dangerous Driving

Dangerous driving is a criminal offence under section 320.13(1) of the Criminal Code of Canada. It occurs when a person operates a motor vehicle in a manner that is dangerous to the public, taking into account all the circumstances — including the nature of the place, traffic conditions, and the way the vehicle was operated. You do not need to cause harm or even be involved in a collision to be charged.

Impaired Driving

Impaired Driving

The offence of Impaired Driving prohibits the operation or care and control of a vehicle while the person’s ability to operate it is impaired by drug or alcohol.

80 Plus

80 Plus

The offence of 80 Plus prohibits the operation or care and control of a vehicle while the person’s blood alcohol concentration is 80mg per 100mg of blood or over.

Refuse to Provide a Breath Sample

Refuse to Provide a Breath Sample

In Canada, any person operating or having care and control of a vehicle is required to provide samples of their breath when given a valid demand, unless there is a reasonable excuse why they are unable to do so.

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