Experts in impaired driving cases
After being arrested for impaired driving or care and control and refusal to comply, it is important to consult with a lawyer as soon as possible, as these charges come with various negative consequences from the very moment of the arrest. Number of defences can be used when facing such charges.
With regards to impaired driving
Refusing to undergo a roadside check, to take a breathalyzer test, to be assessed by a police officer or to provide a buccal, blood or urine sample is a violation under section 255 (1) of the Criminal Code. Furthermore, other offences are provided for when the arrested person’s driving lead to negative outcomes. For example, the law incriminates the act of not complying with a police officer’s orders, as the accused knows or should know that the motor vehicle they were driving or of which they were in care and control caused an accident resulting in bodily harm to another person.
Penalties for impaired driving
Refusing to comply with a police officer’s orders, as defined above, is an offence which, if prosecuted by indictment or by summary conviction, leads to the following minimum sentences:
- In the case of a first offence, a $1 000 fine;
- In the case of a second offence, a 30-day imprisonment sentence;
- For each subsequent offence, a 120-day imprisonment sentence.
The maximum sentence in the case of a prosecution by indictment is 5 years in jail, whereas the maximum sentence in the case of a summary conviction is an 18-month imprisonment sentence.
Withdrawal of the right to drive a vehicle as a result of a conviction for impaired driving
In certain cases, when people are found guilty of a traffic conviction, they are subject, by multiple means, to see their right to drive a motor vehicle revoked. This constraint is imposed under the Highway Safety Code. The revocation of the privilege to drive a motor vehicle abide by the Criminal Code.
The provisions for the revocation of the right to drive a motor vehicle following a conviction for impaired driving
The law provides for the judge who declares a person guilty of an offence or who grants discharge, besides any other applicable penalties, to order the prohibition of driving a motor vehicle in a street, on a road, on a highway or in any other public area.