Impaired Driving is a serious driving under the
Criminal Code of Canada. Upon being arrested for an impaired driving
charge the accused faces immediate penalties against their right to
driving, liberty and possibly the ability to earn an income.
The charge of Impaired Driving is defined as;
Every one commits an offence of Impaired Driving
who operates a motor vehicle or vessel or, operates or assists in the
operation of an aircraft or of railway equipment or has the care or
control of a motor vehicle, vessel, aircraft or railway equipment,
whether it is in motion or not",
- While the person ability to operate the vehicle vessel, aircraft or railway equipment is impaired by alcohol or a dug; or
consumed alcohol in such a quantity that the concentration in the
person's blood exceeds eighty milligrams of alcohol in one hundred
milliliters of blood thereby committing the offence of impaired driving.
section of the Criminal Code of Canada makes it a criminal offence for
a person to operate a motor vehicle or vessel, operate or assist in the
operation of an aircraft or railway equipment or to have care or
control of such a motor vehicle if that persons ability to do so is impaired by alcohol or a drug, or if that person has a blood alcohol limit in excess of 80 milliliters.
The fact that the motor vehicle was not in motion is not a defense to the charge of impaired driving.
- An intention to drive is not an element of the the care or control offence or impaired driving.
Care or control while impaired
may be exercised without such intent or where the accused performs some
act series of acts involving the use of the car, its fittings or
equipment, whereby the vehicle may unintentionally be set in motion
creating the danger this section is designed to prevent.