Impaired Driving Definition

What is Impaired Driving

Impaired driving means that the drivers ability to drive was impaired or changed due to the consumption of an alcohol or drug.

Definition of Impaired Driving

Impaired Driving is defined under section 253,a of the Criminal Code of Canada and states:

Everyone commits a criminal offence who:

  • operates a motor vehicle or vessel or assists in the operation of an aircraft or railway vehicle, or
  • has the care or control of a motor vehicle, vessel, aircraft or railway vehicle,
  • whether the vehicle is in motion or not
  • while that person’s ability to operate the vehicle, vessel, aircraft or railway vehicle is impaired
  • by alcohol or a drug

Impaired Driving is considered a criminal offence in Canada, and upon conviction the driver is considered a criminal under Canadian law.

What the Impaired Driving Law Means

Impaired driving means:

  • anyone who drives a motor vehicle, boat, airplane or railway equipment
  • whether it is moving or not
    • cannot have their ability to drive impaired
      • by alcohol or a drug.

Impaired driving does not necessarily mean that the driver was drunk or intoxicated, only that their ability to drive was affected by the consumption of the drug or alcohol.

What is a Motor Vehicle Under the Criminal Code

Impaired Driving motor vehicle back hoeA motor vehicle under the Criminal Code of Canada is anything that is pushed, pulled or driven by a motor.

Including, all types of cars, trucks, farm tractors, all types of construction equipment such as:

  • all construction equipment
  • plows, graders and backend loaders
  • all motorized farm equipment, tractors etc
  • shunt & yard trucks
  • forklift vehicles
  • lawn tractors

Once arrested and charged with impaired driving or any drinking and driving offence, the accused cannot operate any of these vehicles anywhere in Canada, including on private property.

Where the accused is found operating a motor vehicle they can be arrested, held in custody for a bail hearing and the vehicle seized for 45 days.

The vehicle is held in a private towing pound where the owner will be responsible for all storage fees.

Impaired Driving Penalties

Upon conviction for impaired driving the following penalties apply:

  • 90 day licence suspension
  • criminal record for life
  • additional one year licence suspension
  • fine of $1000 to $2000 dollars
  • possible jail up to two years
    • mandatory 30 days jail for 2nd conviction
    • mandatory 120 days jail for 3rd and subsequent convictions
  • travel restrictions to USA
  • affects any immigration or citizenship status
  • mandatory medical testing for alcohol addiction/dependency
  • mandatory Back on Track driver program, cost approx. six hundred (600) dollars
  • driver licence reinstatement fees, 281 dollars
  • interlock device must be installed in all vehicles, approx. $1500
    • monthly testing at 130/month
  • insurance rate will go into high risk insurance for five (5) years

Don’t Face Criminal Charges Alone

Speak with a lawyer today – We can successfully defend you!
Call 416-731-7113

Winning Impaired Driving Charges

After reviewing the arrest and what happened we can explain to you where we see opportunities to;

Upon reviewing your case we will be able show you our strategy for defending your charge.

Retaining Charitsis Law to Defend You

Speak to a lawyer today. The first step is to give me a call at 416-731-7113.

There is no fee or obligation to call.

Toronto Criminal Lawyer - Nicholas Charitsis
Criminal Lawyer Nicholas Charitsis

During that phone call the lawyer will:

  • listen to your case
  • answer any questions you have
  • review the documents the police gave you
    • Please send any documents for review
      • using the form at bottom of page

The lawyer will be able to give you an opinion about your case, and tell you:

  • possible defences to the charge
  • legal arguments in your case
  • what you can do to help your case
  • what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.

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