Impaired driving is the act of operating or having control of a motor vehicle while under the influence of alcohol and/or drugs to the degree mental and motor skills are impaired. It is illegal for an individual to operate a motor vehicle if his/her BAC (Blood Alcohol Content) is in excess of 0.08 percent.
Impaired driving is illegal and punishable under in the Criminal Code of Canada. It can also result in various types of suspension of one’s driver’s license.
An individual convicted of any impaired driving offence including a refusal to comply offence faces an automatic driving ban across Canada. Other punishments may be a fine or a jail sentence, and probation.
Minimum sentences for impaired driving in Canada are as follows:
- 1st Offence: $1,000 fine and 12-month driving prohibition
- 2nd Offence: 30-day jail sentence and a 24-month driving prohibition (there can be weekend jail)
- 3rd Offence: 120-day jail sentence (straight jail as it is more than 90 days jail) and a 36-month driving prohibition
In the event another individual was hurt or killed as a result of the impaired driving, the sentence will be much more serious.
If you have been charged with an impaired driving offence, contact Raj Napal and NLC Lawyers for a consultation to determine the course of legal action that will best serve your needs and the needs of those involved, as well as to ensure your rights are protected from the outset.