
Impaired Driving DUI
In Canada, there are three drinking and driving offences:
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Impaired Driving
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Driving / Having Care and Control while Over 80
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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 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 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.


